South Australian Current Acts

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SUPREME COURT ACT 1935 - SECT 39

39—Vexatious proceedings

        (1)         If, on the application of the Attorney-General or any other interested person, the court is satisfied that a person has persistently instituted vexatious proceedings, the court may make either or both of the following orders:

            (a)         an order prohibiting the person by whom the vexatious proceedings were instituted from instituting further proceedings, or further proceedings of a particular class, without permission of the court;

            (b)         an order staying proceedings already instituted by that person.

        (2)         Where it appears to a prescribed court that there are proper grounds for an application under this section, it may refer the matter to the Attorney-General for consideration.

        (3)         An order under this section remains in force (subject to variation by the court)—

            (a)         if a period for the operation of the order is fixed—until the expiration of that period or the revocation of the order (whichever first occurs);

            (b)         if no such period is fixed—until revocation of the order.

        (4)         Where an order is made under this section, a copy of the order must be published in the Gazette.

        (5)         For the purposes of this section, proceedings are vexatious—

            (a)         if instituted to harass or annoy, to cause delay, or for any other ulterior purpose; or

            (b)         if instituted without reasonable ground.

        (6)         In this section—

"prescribed court" means—

            (a)         the Supreme Court; or

            (b)         any other court of the State; or

            (c)         the South Australian Employment Tribunal; and

            (d)         any other tribunal of the State prescribed by the regulations;

"proceedings" means civil or criminal proceedings instituted in a prescribed court.



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