Vexatious Proceedings Restriction Act 2002 (WA)

Western Australia Vexatious Proceedings Restriction Act 2002 Reprinted under the Reprints Act 1984 as at 8 July 2016

Western Australia Vexatious Proceedings Restriction Act 2002 Contents 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Restriction of vexatious proceedings 3 5. Effect of order to stay proceedings or to prohibit institution of proceedings without leave 4 6. Leave to institute proceedings 5 7. Order may be rescinded or varied 7 8. Restriction on person who is vexatious litigant in court other than court of this State 7 9. Notification of orders and rescissions or variations of orders 8 10. Regulations 9 11. Repeal of Vexatious Proceedings Restriction Act 1930 9 12. Saving and transitional 9 Notes Compilation table 10 Defined terms Reprinted under the Reprints Act 1984 as at 8 July 2016

Western Australia Vexatious Proceedings Restriction Act 2002 An Act to — • restrict the institution of vexatious proceedings; • amend the District Court of Western Australia Act 1969 2, the Liquor Licensing Act 1988 2, and the Supreme Court Act 1935 2; • repeal the Vexatious Proceedings Restriction Act 1930, and for related purposes.

1. Short title This Act may be cited as the Vexatious Proceedings Restriction Act 2002 1.

2. Commencement This Act comes into operation on such day as is fixed by proclamation 1.

3. Terms used In this Act, unless the contrary intention appears — Court means the Supreme Court, a judge, the District Court, or a District Court judge; institute proceedings includes — (a) in the case of civil proceedings, the taking of a step or the making of an application which may be necessary in a particular case before proceedings can be commenced against a party; and (b) in the case of proceedings before a tribunal, the taking of a step or the making of an application which may be necessary in a particular case before proceedings can be commenced before the tribunal; and (c) in the case of criminal proceedings, the commencement of a prosecution or the obtaining of a warrant for the arrest of an alleged offender; and (d) in the case of civil or criminal proceedings, or proceedings before a tribunal, the taking of a step or the making of an application which may be necessary to commence an appeal in relation to the proceedings or to a decision or determination made in the course of the proceedings; proceedings includes — (a) any cause, matter, action, suit, proceeding, trial, or inquiry of any kind within the jurisdiction of any court, including a court of summary jurisdiction, or a tribunal; and (b) any proceedings, including interlocutory proceedings, taken in connection with or incidental to proceedings pending before a court, including a court of summary jurisdiction, or a tribunal; and (c) an appeal from a decision or determination, whether or not a final decision or determination, of a court, including a court of summary jurisdiction, or a tribunal; vexatious proceedings means proceedings — (a) which are an abuse of the process of a court or a tribunal; or (b) instituted to harass or annoy, to cause delay or detriment, or for any other wrongful purpose; or (c) instituted or pursued without reasonable ground; or (d) conducted in a manner so as to harass or annoy, cause delay or detriment, or achieve any other wrongful purpose. [Section 3 amended: No. 84 of 2004 s. 80.]