Tasmanian Numbered Acts

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VEXATIOUS PROCEEDINGS ACT 2011 (NO. 31 OF 2011) - SECT 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 whom he or she knows is subject to a vexatious proceedings order or who he or she knows is a person mentioned in paragraph (a) , has instituted or conducted vexatious proceedings in Australia.
(2)  The Court may make any or all of the following orders:
(a) an order staying all or part of any proceedings in Tasmania already instituted by the person;
(b) an order prohibiting the person from instituting proceedings, or proceedings of a particular type, in Tasmania;
(c) any other order the Court considers appropriate in relation to the person including an order as to 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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