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VEXATIOUS PROCEEDINGS ACT 2005 - SECT 6 Making vexatious proceedings orders

VEXATIOUS PROCEEDINGS ACT 2005 - SECT 6

Making vexatious proceedings orders

6 Making vexatious proceedings orders

(1) This section applies if the Court is satisfied that a person is—
(a) a person who has frequently instituted or conducted vexatious proceedings in Australia; or
(b) a person who, acting in concert with a person who is subject to a vexatious proceedings order or who is mentioned in paragraph (a), has instituted or conducted a vexatious proceeding in Australia.
(2) The Court may make any or all of the following orders—
(a) an order staying all or part of any proceeding in Queensland already instituted by the person;
(b) an order prohibiting the person from instituting proceedings, or proceedings of a particular type, in Queensland;
(c) any other order the Court considers appropriate in relation to the person.
Examples of another order for paragraph (c)—
• an order directing that the person may only file documents by mail
• an order to give security for costs
• an order for costs
(3) The Court may make a vexatious proceedings order on its own initiative or on the application of a person mentioned in section 5 (1) .
(4) The Court must not make a vexatious proceedings order in relation to a person without hearing the person or giving the person an opportunity of being heard.
(5) For subsection (1) , the Court may have regard to—
(a) proceedings instituted or conducted in any Australian court or tribunal, including proceedings instituted or conducted before the commencement of this section; and
(b) orders made by any Australian court or tribunal, including orders made before the commencement of this section.