(1) If the court is satisfied that an applicant has frequently started a case or appeal that is frivolous, vexatious or an abuse of process, it may:

(a)

dismiss the applicant's application; and

(b)

order that the applicant may not, without the court's permission, file or continue an application.

(2) The court may make an order under subrule (1):

(a)

on its own initiative; or

(b) on the application of:

(i)

a party;

(ii)

for the Family Court of Australia — a Registry Manager; or

(iii)

for the Family Court of a State — the Executive Officer.

(3) The court must not make an order under subrule (1) unless it has given the applicant a reasonable opportunity to be heard.

Note
Under section 118 of the Act, the court may dismiss a case that is frivolous or vexatious and, on application, may prevent the person who started the case from starting a further case. Chapter 5 sets out the procedure for making an application under this rule.