Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 21

Vexatious litigants

21. Vexatious litigants



(1) The Attorney-General may apply to the Court for an order declaring a
person to be a vexatious litigant.

(2) The Court may, after hearing or giving the person an opportunity to be
heard, make an order declaring the person to be a vexatious litigant if it is
satisfied that the person has-

   (a)  habitually; and

   (b)  persistently; and

   (c)  without any reasonable ground-

instituted vexatious legal proceedings (whether civil or criminal) in
the Court, an inferior court or a tribunal against the same person or
different persons.

(3) An order under subsection (2) may provide that the vexatious litigant must
not without leave of-

   (a)  the Court; or

   (b)  an inferior court; or

   (c)  a tribunal constituted or presided over by a person who is an
        Australian lawyer-

do the following-

   (d)  continue any legal proceedings (whether civil or criminal) in
        the Court, inferior court or tribunal; or

   (e)  commence any legal proceedings (whether civil or criminal) in
        the Court or any specified inferior court or tribunal; or

   (f)  commence any specified type of legal proceedings (whether civil or
        criminal) in the Court or any specified inferior court or tribunal.

(4) Leave must not be given unless the Court, or if the order under subsection
(2) so provides, the inferior court or tribunal is satisfied that the
proceedings are not or will not be an abuse of the process of the Court,
inferior court or tribunal.

(5) The Court may at any time vary, set aside or revoke an order made under
subsection (2) if it considers it proper to do so.

(6) The Attorney-General must cause a copy of any order made under subsection
(2) to be published in the Government Gazette.

(7) The Court, when exercising a power under this section, must be constituted
by a Judge of the Court.

(8) The Court may, in determining whether to make an order under subsection
(2), take into account vexatious legal proceedings (whether civil or criminal)
instituted before or after the commencement of the Supreme Court (Vexatious
Litigants) Act 2003.