Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 75

Summary dismissal of unjustified proceedings

75. Summary dismissal of unjustified proceedings



(1) At any time, the Tribunal may make an order summarily dismissing or
striking out all, or any part, of a proceeding that, in its opinion-

   (a)  is frivolous, vexatious, misconceived or lacking in substance; or

   (b)  is otherwise an abuse of process.

(2) If the Tribunal makes an order under subsection (1), it may order the
applicant to pay any other party an amount to compensate that party for any
costs, expenses, loss, inconvenience and embarrassment resulting from the
proceeding.

(3) The Tribunal's power to make an order under subsection (1) or (2) is
exercisable by-

   (a)  the Tribunal as constituted for the proceeding; or

   (b)  a presidential member; or





   (c)  a member who is a legal practitioner.





(4) An order under subsection (1) or (2) may be made on the application of a
party or on the Tribunal's own initiative.

(5) For the purposes of this Act, the question whether or not an application
is frivolous, vexatious, misconceived or lacking in substance or is otherwise
an abuse of process is a question of law.