VEXATIOUS PROCEEDINGS ACT 2014 - SECT 35 Court or VCAT may make acting in concert order
VEXATIOUS PROCEEDINGS ACT 2014 - SECT 35
Court or VCAT may make acting in concert order(1) A Court or VCAT may make an order against a person who is acting in concert with a person who is subject to a litigation restraint order if satisfied that—
(a) the first mentioned person has made an interlocutory application or commenced a proceeding; and
(b) the interlocutory application or proceeding, if made or commenced by the person who is subject to the litigation restraint order, would contravene the terms of that litigation restraint order.
(2) A Court or VCAT may make an order against a person acting in concert—
(a) on its own motion; or
(b) on an application under section 34.
(3) An order made by a Court or VCAT against a person acting in concert may specify all or any of the following—
(a) that the person is subject to a limited litigation restraint order—
(i) on the same terms as the person with whom the person is acting in concert; or
(ii) on any of the terms that the Court or VCAT may order under Part 2;
(b) that the person is subject to an extended litigation restraint order—
(i) on the same terms as the person with whom the person is acting in concert; or
(ii) on any of the terms that the Court or VCAT may order under Part 3;
(c) that the interlocutory application made by the person in the proceeding is struck out;
(d) that the proceeding commenced by the person is stayed;
(e) that the person is liable for costs in the proceeding.
(4) Subject to subsection (5), an acting in concert order may direct any other thing that the Court or VCAT considers appropriate in the circumstances.
(5) An acting in concert order made against a person must not direct that the person is subject to a general litigation restraint order.
Note
The Supreme Court may order that the person is subject to a general litigation restraint order under Part 4.