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FAMILY LAW ACT 1975 - SECT 102Q

Definitions

             (1)  In this Part:

"appropriate court official " means:

                     (a)  in relation to the Family Court of Australia--the Chief Executive Officer or Principal Registrar of the Court; and

                     (b)  in relation to the Federal Circuit Court of Australia--the Chief Executive Officer and Principal Registrar of the Court; and

                     (c)  in relation to the Family Court of Western Australia--the Principal Registrar of the Court; and

                     (d)  in relation to any other court--the chief executive officer or principal registrar (however described) of the court.

"Australian court or tribunal " means a court or tribunal of the Commonwealth, a State or a Territory.

"institute " , in relation to proceedings, includes:

                     (a)  for civil proceedings--the taking of a step or the making of an application that may be necessary before proceedings can be started against a party; and

                     (b)  for proceedings before a tribunal--the taking of a step or the making of an application that may be necessary before proceedings can be started before the tribunal; and

                     (c)  for criminal proceedings--the making of a complaint or the obtaining of a warrant for the arrest of an alleged offender; and

                     (d)  for civil or criminal proceedings or proceedings before a tribunal--the taking of a step or the making of an application that may be necessary to start an appeal in relation to the proceedings or to a decision made in the course of the proceedings.

"proceedings " :

                     (a)  in relation to a court--has the meaning given by subsection 4(1); and

                     (b)  in relation to a tribunal-- means a proceeding in the tribunal, whether between parties or not, and includes an incidental proceeding in the course of, or in connection with, a proceeding .

"proceedings of a particular type " includes:

                     (a)  proceedings in relation to a particular matter; and

                     (b)  proceedings against a particular person.

"vexatious proceedings " includes:

                     (a)  proceedings that are an abuse of the process of a court or tribunal; and

                     (b)  proceedings instituted in a court or tribunal to harass or annoy, to cause delay or detriment, or for another wrongful purpose; and

                     (c)  proceedings instituted or pursued in a court or tribunal without reasonable ground; and

                     (d)  proceedings conducted in a court or tribunal in a way so as to harass or annoy, cause delay or detriment, or achieve another wrongful purpose.

"vexatious proceedings order " means an order made under subsection 102QB(2).

             (2)  A reference in this Part to a person acting in concert with another person in instituting or conducting proceedings does not include a reference to a person who is so acting as a lawyer or representative of the other person.



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