Northern Territory Consolidated Acts

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VEXATIOUS PROCEEDINGS ACT - SECT 7

Making vexatious proceedings orders

    (1)     This section applies if the Court is satisfied a person:

        (a)     has frequently instituted or conducted vexatious proceedings in Australia; or

        (b)     acting in concert with someone who is subject to a vexatious proceedings order or who is covered by paragraph (a), has instituted or conducted vexatious proceedings in Australia.

    (2)     For subsection (1), the Court may have regard to:

        (a)     proceedings in any court or tribunal, including proceedings instituted before the commencement of this section; and

        (b)     orders made by any court or tribunal, including orders made before the commencement of this section.

    (3)     The Court may make:

        (a)     either or both of the following orders:

            (i)     an order staying all or part of any proceedings in the Territory already instituted by the person;

            (ii)     an order prohibiting the person from instituting proceedings in the Territory; and

        (b)     another order the Court considers appropriate.

    (4)     If the Court makes an order prohibiting the person from instituting proceedings in the Territory:

        (a)     the person must not institute proceedings in the Territory without the leave of the Court under section 13; and

        (b)     no one else must, acting in concert with the person, institute proceedings in the Territory without the leave of the Court under section 13.

    (5)     The Court must not make a vexatious proceedings order without hearing the person or giving the person an opportunity of being heard.

    (6)     The Court may make a vexatious proceedings order on its own initiative or on the application of any of the following:

        (a)     the Attorney-General;

        (b)     the Solicitor-General;

        (c)     a Registrar of the Court;

        (d)     anyone against whom, in the Court's opinion, the person has instituted or conducted vexatious proceedings;

        (e)     anyone who, in the Court's opinion, has a sufficient interest in the matter.

    (7)     An application may be made by a person mentioned in subsection (6)(d) or (e) only with the leave of the Court.



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