New South Wales Consolidated Acts

VEXATIOUS PROCEEDINGS ACT 2008 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

(Section 20)

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

this Act

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

2 Definition

In this Part:
"repealed vexatious litigant provision" means any of the following:

(a) section 70 of the Land and Environment Court Act 1979 ,

(b) section 84 of the Supreme Court Act 1970 .

3 Repealed vexatious litigant provisions continue to apply to pending applications

(1) Subject to subclause (2), any application made under a repealed vexatious litigant provision that is pending immediately before the commencement of this Act may be continued and dealt with under the provision as if the provision had not been repealed by this Act.

(2) If the Supreme Court or the Land and Environment Court makes an order in relation to an application continued by subclause (1) that operates to prevent a person from instituting or continuing proceedings without the leave of the Supreme Court or the Land and Environment Court, that order is, on and from the date it is made, taken to be (and to have effect as if it were) a vexatious proceedings order made under this Act by the Supreme Court or the Land and Environment Court (as the case may be), and may be varied, set aside or reinstated accordingly.

4 Certain existing orders taken to be vexatious proceedings orders

(1) This clause applies to any order (an "existing order") that:

(a) was made under a repealed vexatious litigant provision, and

(b) is in force immediately before the commencement of this Act, and

(c) operates to prevent a person from instituting or continuing proceedings without the leave of the Supreme Court or the Land and Environment Court.

(2) An existing order is taken to be (and to have effect as if it were) a vexatious proceedings order made under this Act by the Supreme Court or the Land and Environment Court (as the case may be), and may be varied, set aside or reinstated accordingly.