Western Australian Current Acts

VEXATIOUS PROCEEDINGS RESTRICTION ACT 2002 - SECT 8

8 .         Restriction on person who is vexatious litigant in court other than court of this State

        (1)         This section applies if, in the High Court or the Federal Court of Australia, or in another State or a Territory —

            (a)         there is in force in respect of a person a declaration that the person is a vexatious litigant; or

            (b)         there is in force in respect of a person an order that the person must not, without the leave of a court, institute proceedings, or proceedings of a particular class, in a court or tribunal or that any proceedings instituted by the person in a court or tribunal must not be continued by the person without the leave of a court or tribunal.

        (2)         While a declaration or order is in force —

            (a)         any proceedings, or proceedings of the particular class referred to in the order, as the case may be, instituted by that person in a court or tribunal of this State are stayed and the provisions of this Act (other than section 7) apply, with all necessary modifications, to and in relation to that person as if an order staying any proceedings or proceedings of the particular class referred to in the order, either as to the whole or part of the proceedings, that have been instituted by that person had been made under section 4(1)(c); and

            (b)         the person is prohibited from instituting proceedings or proceedings of the particular class referred to in the order, as the case may be, in a court or tribunal of this State without the leave of the court or tribunal, as the case requires, under section 6 and the provisions of this Act (other than section 7) apply, with all necessary modifications, to and in relation to that person as if an order prohibiting that person from instituting proceedings, or proceedings of that particular class, as the case may be, without the leave of a court or tribunal had been made under section 4(1)(d); and

            (c)         on the application of —

                  (i)         a person in respect of whom a declaration has been made; or

                  (ii)         a person in respect of whom an order has been made; or

                  (iii)         a person referred to in section 4(2),

                the Supreme Court may in relation to the institution of proceedings in a court or tribunal of this State —

                  (iv)         rescind the declaration; or

                  (v)         rescind or vary the order.