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VEXATIOUS PROCEEDINGS ACT 2005 - SECT 6
Making vexatious proceedings orders
6 Making vexatious proceedings orders
(1) This section applies if the Court is satisfied that a person is— (a) a
person who has frequently instituted or conducted vexatious proceedings in
Australia; or
(b) a person who, acting in concert with a person who is
subject to a vexatious proceedings order or who is mentioned in paragraph (a),
has instituted or conducted a vexatious proceeding in Australia.
(2) The
Court may make any or all of the following orders— (a) an order staying all
or part of any proceeding in Queensland already instituted by the person;
(b)
an order prohibiting the person from instituting proceedings, or proceedings
of a particular type, in Queensland;
(c) any other order the Court considers
appropriate in relation to the person. Examples of another order for paragraph
(c)— • an order directing that the person may only file documents by
mail
• an order to give security for costs
• an order for costs
(3)
The Court may make a vexatious proceedings order on its own initiative or on
the application of a person mentioned in section 5 (1) .
(4) The Court must
not make a vexatious proceedings order in relation to a person without hearing
the person or giving the person an opportunity of being heard.
(5) For
subsection (1) , the Court may have regard to— (a) proceedings instituted or
conducted in any Australian court or tribunal, including proceedings
instituted or conducted before the commencement of this section; and
(b)
orders made by any Australian court or tribunal, including orders made before
the commencement of this section.
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