Victorian Current Acts

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VEXATIOUS PROCEEDINGS ACT 2014 - SECT 29

Supreme Court may make general litigation restraint order

    (1)     The Supreme Court constituted by a Judge of the Court may make a general litigation restraint order against a person if the Court is satisfied that the person has persistently and without reasonable grounds commenced or conducted vexatious proceedings.

    (2)     In determining whether it is satisfied of the matters specified in subsection (1), the Supreme Court may take into account any matter it considers relevant, including but not limited to any of the following—

        (a)     any proceeding commenced or conducted by the person, or an entity controlled by the person, in any Australian court or tribunal;

        (b)     the existence of any order made by an Australian court or tribunal against the person, or an entity controlled by the person, including—

              (i)     a litigation restraint order; or

    (ii)     an acting in concert order; or

              (iii)     a vexatious proceeding order;

        (c)     any other matter relating to the way in which the person conducts or has conducted litigation.

    (3)     The Supreme Court may take into account a matter referred to in subsection (2) that relates to a proceeding commenced or conducted before, on or after the commencement of this section.

    (4)     The Supreme Court may make a general litigation restraint order—

    (a)     on its own motion; or

        (b)     on an application under section 28.



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