Victorian Current Acts

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 75

    (1)     At any time, the Tribunal may make an order summarily dismissing or striking out all, or any part, of a proceeding that, in its opinion—

        (a)     is frivolous, vexatious, misconceived or lacking in substance; or

        (b)     is otherwise an abuse of process.

    (2)     If the Tribunal makes an order under subsection (1), it may order the applicant to pay any other party an amount to compensate that party for any costs, expenses, loss, inconvenience and embarrassment resulting from the proceeding.

    (3)     The Tribunal's power to make an order under subsection (1) or (2) is exercisable by—

        (a)     the Tribunal as constituted for the proceeding; or

S. 75(3)(b) amended by No. 51/2000 s. 19.

        (b)     a presidential member; or

S. 75(3)(c) inserted by No. 51/2000 s. 19, amended by Nos 79/2006 s. 56, 17/2014 s. 160(Sch.  2 item 105.5).

        (c)     a member who is an Australian lawyer.

    (4)     An order under subsection (1) or (2) may be made on the application of a party or on the Tribunal's own initiative.

    (5)     For the purposes of this Act, the question whether or not an application is frivolous, vexatious, misconceived or lacking in substance or is otherwise an abuse of process is a question of law.