Vexatious Proceedings Act 2011 (Tas)

Vexatious Proceedings Act 2011

An Act to restrict vexatious proceedings [Royal Assent 25 October 2011]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Vexatious Proceedings Act 2011 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act, unless the contrary intention appears – Australian court or tribunal means a court or tribunal of the Commonwealth or of a State or Territory and includes a body prescribed in the regulations for the purposes of this definition; Court means the Supreme Court; decision includes determination; institute, in relation to proceedings, includes – (a) for civil proceedings, the taking of a step or the making of an application that may be necessary before proceedings can be started against or in relation to a party; and (b) for proceedings before a tribunal, the taking of a step or the making of an application that may be necessary before proceedings can be started before the tribunal; and (c) for criminal proceedings, the making of a complaint or the obtaining of a warrant for the arrest of an alleged offender; and (d) for civil or criminal proceedings or proceedings before a tribunal, the taking of a step or the making of an application that may be necessary to start an appeal in relation to the proceedings or to a decision made in the course of the proceedings; order includes declaration and injunction; proceedings includes – (a) any cause, matter, action, suit, proceeding, trial, complaint or inquiry of any kind; and (b) any proceedings, including interlocutory proceedings, taken in connection with or incidental to proceedings pending before a court or tribunal; and (c) any calling into question of a decision, whether or not a final decision, of a court or tribunal, and whether by appeal, challenge, review or in another way; proceedings of a particular type includes – (a) proceedings in relation to a particular matter; and (b) proceedings against a particular person; and (c) proceedings in a particular court or tribunal; vexatious proceedings includes – (a) proceedings that are an abuse of the process of a court or tribunal; and (b) proceedings instituted to harass or annoy, to cause delay or detriment, or for another wrongful purpose; and (c) proceedings instituted or pursued without reasonable ground; and (d) proceedings conducted in a way so as to harass or annoy, cause delay or detriment, or achieve another wrongful purpose; vexatious proceedings order means an order made under section 6(2) .