(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.