UNIFORM CIVIL PROCEDURE RULES 1999 - REG 389A
Restricting applications that are frivolous, vexatious or abuse of court’s process
UNIFORM CIVIL PROCEDURE RULES 1999 - REG 389A
Restricting applications that are frivolous, vexatious or abuse of court’s process
389A Restricting applications that are frivolous, vexatious or abuse of
court’s process
(1) This rule applies if the court is satisfied that a
party (the
"relevant party" ) to a proceeding (the
"existing proceeding" ) has made more than 1 application in relation to the
existing proceeding that is frivolous, vexatious or an abuse of process.
(2)
The court may make an order under this rule on application by a party to the
existing proceeding or on its own initiative.
(3) The court may order that—
(a) the relevant party must not make a further application in relation to the
existing proceeding without leave of the court; or
(b) the relevant party
must not start a similar proceeding in the court against a party to the
existing proceeding or against a party to the existing proceeding and any
other person without leave of the court.
(4) The Supreme Court may also order
that the relevant party must not start a similar proceeding in another court
against a party to the existing proceeding or against a party to the existing
proceeding and any other person without leave of that court.
(5) A court may
dismiss an application made to the court in contravention of an order made
under subrule (3) or (4) without hearing the applicant or another party to the
application.
(6) A court may at any time vary or revoke an order made by
itunder this rule.
(7) If the Supreme Court makes an order under subrule (4)
or varies or revokes an order made under subrule (4) , the registrar of the
Supreme Court must advise the registrars of the other courts.
(8) Practice
directions may set out procedures in relation to an application or order made
under this rule.
(9) This rule does not limit any inherent or other power of
a court or judge.
(10) In this rule—
"application in relation to the existing proceeding" includes an appeal in
relation to the existing proceeding.
"similar proceeding" , in relation to an existing proceeding, means a
proceeding in which—
(a) the relief claimed is the same or substantially the
same as the relief claimed in the existing proceeding; or
(b) the relief
claimed arises out of, or concerns, the same or substantially the same matters
as those alleged in the existing proceeding.
