Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 13.11

Vexatious litigants

(1) If the Court is satisfied that a person has instituted a vexatious proceeding and the Court is satisfied that the person has habitually, persistently and without reasonable grounds instituted other vexatious proceedings in the Court or any other Australian court (whether against the same person or against different persons), the Court may order:

(a)
that any proceeding instituted by the person may not be continued without leave of the Court; and

(b)
that the person may not institute a proceeding without leave of the Court.

(2) An order under subrule (1) may be made:

(a)
on the Court's own motion; or

(b)
on the application of the Attorney-General or Solicitor-General of the Commonwealth or of a State or Territory; or

(c)
on the application of the Registrar.

(3) If a person (a vexatious litigant) habitually and persistently and without reasonable grounds institutes vexatious proceedings in the Court against another person (the person aggrieved), the Court may, on application of the person aggrieved, order:

(a)
that any proceeding instituted by the vexatious litigant against the person aggrieved may not be continued without the leave of the Court; and

(b)
that the vexatious litigant may not institute any proceeding against the person aggrieved without leave of the Court.

(4)
A person seeking an order under this rule must file an application.

(5)
The Court may rescind or vary any order made under this rule.

(6)
The Court must not give a person against whom an order is made under this rule leave to institute or continue any proceeding unless the Court is satisfied that the proceeding is not an abuse of process and that there is prima facie ground for the proceeding.



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