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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 37AM

Definitions

  (1)   In this Part:

"Australian court or tribunal" means a court or tribunal of the Commonwealth, a State or a Territory.

"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 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.

"proceeding" :

  (a)   in relation to a court--has the meaning given by section   4; and

  (b)   in relation to a tribunal--means a proceeding in the tribunal, whether between parties or not, and includes an incidental proceeding in the course of, or in connection with, a proceeding.

"proceedings of a particular type" includes:

  (a)   proceedings in relation to a particular matter; and

  (b)   proceedings against a particular person.

"vexatious proceeding" includes:

  (a)   a proceeding that is an abuse of the process of a court or tribunal; and

  (b)   a proceeding instituted in a court or tribunal to harass or annoy, to cause delay or detriment, or for another wrongful purpose; and

  (c)   a proceeding instituted or pursued in a court or tribunal without reasonable ground; and

  (d)   a proceeding conducted in a court or tribunal 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 subsection   37AO(2).

  (2)   A reference in this Part to a person acting in concert with another person in instituting or conducting proceedings does not include a reference to a person who is so acting as a lawyer or representative of the other person.


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