VEXATIOUS PROCEEDINGS BILL 2006 Explanatory Statement

Northern Territory Explanatory Statements

[Index] [Search] [Download] [Bill] [Help]

VEXATIOUS PROCEEDINGS BILL 2006

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

VEXATIOUS PROCEEDINGS BILL 2006
SERIAL NO. 60

EXPLANATORY STATEMENT

GENERAL OUTLINE

A vexatious litigant is a person who frequently and persistently seeks to commence legal action without reasonable grounds. Such people often repeat arguments which have already been rejected by the court, or disregard the court’s ruling or generally attempt to abuse the court processes. Such actions usually result in a waste of public resources and the harassment and annoyance of defendants in litigation.

The purpose of this legislation is to provide the Supreme Court with the power to make an order staying all or part of any proceeding which has been brought by a vexatious litigant or to make an order prohibiting a vexatious litigant from initiating proceedings of a certain type.

NOTES ON CLAUSES

Clause 1. Short Title.

This is a formal clause which provides for the citation of the Act. The Act when passed may be cited as the Vexatious Proceedings Act 2006.

Clause 2. Definitions.

This clause provides for definitions of words or phrases contained in the Act.

Clause 3. Proceedings

This clause defines the meaning of the word “proceedings” and the meaning of “to institute proceedings”.

Clause 4 Acting in concert

This clause provides that a reference to a person acting with another person in instituting or conducting proceedings does not include a reference to a person who is acting as a legal practitioner.

Clause 5 Inherent jurisdiction and powers not affected

This clause provides that this Act does not affect any inherent jurisdiction or other powers of a court or tribunal to restrict vexatious proceedings.

Clause 6 Making vexatious proceedings orders

This clause sets out the circumstances in which the Supreme Court may make a vexatious proceedings order in relation to a vexatious litigant or a person acting in concert with such a litigant. The Supreme Court has to be satisfied that the person has frequently instituted or conducted vexatious proceedings and in its determination the Supreme Court may consider orders made anywhere in Australia. This includes proceedings instituted before the commencement of this legislation.

This clause also sets out the orders which may be made by the Supreme Court. The Supreme Court may make an order staying all or part of any proceedings in the Territory already instituted by the person and/or an order prohibiting the person from instituting proceedings in the Territory. If the Supreme Court makes an order prohibiting a person, or anyone else acting in concert with the person, from initiating proceedings in the Territory, the person, or anyone else acting in concert with the person, cannot institute further proceedings without the leave of the Supreme Court.

Before an order is made against a person, that person must be given the opportunity to be heard.

The clause lists those people who may apply for a vexatious proceedings order.

Clause 7 Order may be varied or set aside

This clause allows for an order to be varied or set aside by the Supreme Court. This can be at the initiative of the Supreme Court, or by application of the person the subject of the order or a person who has the power to apply for a vexatious proceedings order.

Clause 8 Notification and register of orders

This clause requires the Registrar of the Court to arrange for a copy of the vexatious proceedings order, or an order varying or setting aside a vexatious proceedings order, to be entered into a publicly available register kept in the Registry of the Court in Darwin.

Clause 9 Proceedings in contravention of vexatious proceedings order

Clause 9 sets out the effect of a vexatious proceedings order. If the Court makes an order prohibiting the person from instituting proceedings in the Territory, and if proceedings are instituted in contravention of that order, the proceedings are permanently stayed. The Supreme Court, court or tribunal in which the proceedings are instituted, may make an order that the proceedings are subject to this section and therefore permanently stayed, or any other appropriate order, including one for costs.

Clause 10 Application for leave to institute proceedings

Clause 10 sets out the process for a person subject to a vexatious proceedings order, or a person acting in concert with such a person, to apply for leave to the Supreme Court to institute proceedings which are prohibited by the order. The applicant must file an affidavit with the application containing the information set out in the clause. The applicant cannot appeal a decision dismissing the application

Clause 11 Dismissing application for leave

Clause 11 provides that the Supreme Court must dismiss the application if the affidavit does not comply with the application requirements or the proceedings are vexatious. The application may be dismissed even if the applicant does not appear at the hearing.

Clause 12 Granting application for leave

This clause sets out the circumstances and process by which an application for leave can by granted by the Supreme Court. The applicant must serve each of the relevant persons with a copy of the application, affidavit and notice that a person is entitled to he heard on the application. All relevant persons have a right to be heard at the hearing. The Supreme Court may only grant leave if it is satisfied the proceedings are not vexatious proceedings and may grant leave subject to any conditions it considers to be appropriate.

[Index] [Search] [Download] [Bill] [Help]