Queensland Consolidated Acts

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VEXATIOUS PROCEEDINGS ACT 2005 - SCHEDULE

SCHEDULE Dictionary


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

"Court" means the Supreme Court.

"Court’s website" means the website administered by the Supreme Court Library for the Court and other courts.

Editor’s note—
The website may be viewed at .

"decision" includes determination.

"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.

"order" includes declaration and injunction.

"proceeding" includes—
(a) any cause, matter, action, suit, proceeding, trial, complaint or inquiry of any kind within the jurisdiction of any court or tribunal; and
(b) any proceeding, including any interlocutory proceeding, taken in connection with or incidental to a proceeding pending before a court or tribunal; and
(c) any calling into question of a decision, whether or not a final decision, of a court or tribunal, and whether by appeal, challenge, review or in another way.

"proceedings of a particular type" includes—
(a) proceedings in relation to a particular matter; and
(b) proceedings against a particular person; and
(c) proceedings in a particular court or tribunal.

"vexatious proceeding" includes—
(a) a proceeding that is an abuse of the process of a court or tribunal; and
(b) a proceeding instituted to harass or annoy, to cause delay or detriment, or for another wrongful purpose; and
(c) a proceeding instituted or pursued without reasonable ground; and
(d) a proceeding conducted 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 section 6 (2) .



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