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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 37AQ Proceedings in contravention of vexatious proceedings order

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 37AQ

Proceedings in contravention of vexatious proceedings order

  (1)   If the Court makes a vexatious proceedings order prohibiting a person from instituting proceedings, or proceedings of a particular type, in the Court:

  (a)   the person must not institute proceedings, or proceedings of that type, in the Court without the leave of the Court under section   37AT; and

  (b)   another person must not, acting in concert with the person, institute proceedings, or proceedings of that type, in the Court without the leave of the Court under section   37AT.

  (2)   If a proceeding is instituted in contravention of subsection   (1), the proceeding is stayed.

  (3)   Without limiting subsection   (2), the Court may make:

  (a)   an order declaring a proceeding is a proceeding to which subsection   (2) applies; and

  (b)   any other order in relation to the stayed proceeding it considers appropriate, including an order for costs.

  (4)   The Court may make an order under subsection   (3) on its own initiative or on the application of any of the following:

  (a)   the Attorney - General of the Commonwealth or of a State or Territory;

  (b)   the Chief Executive Officer;

  (c)   a person against whom another person has instituted or conducted a vexatious proceeding;

  (d)   a person who has a sufficient interest in the matter.