SUPREME COURT ACT 1935 - SECT 39
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.