• Specific Year
    Any

VEXATIOUS PROCEEDINGS ACT 2014 - SECT 4 Meaning of acting in concert

VEXATIOUS PROCEEDINGS ACT 2014 - SECT 4

Meaning of acting in concert

    (1)     Subject to subsection (2), in this Act, a person is acting in concert with another person if the first mentioned person is—

        (a)     acting on behalf of the other person; or

        (b)     acting for the predominant benefit of the other person; or

        (c)     acting on the instructions of the other person; or

        (d)     acting in collusion with the other person.

    (2)     A person who makes an interlocutory application or commences and conducts a proceeding on behalf of a person is not acting in concert with that person if the first mentioned person is—

        (a)     a legal practitioner acting for the person; or

        (b)     a litigation guardian of the person; or

        (c)     a professional advocate within the meaning of section 62(8) of the Victorian Civil and Administrative Tribunal Act 1998 ; or

        (d)     any other person authorised or required by law to act on behalf of the person.

Example

Persons who may be authorised or required by law to act on behalf of a person include insurers conducting proceedings under a right of subrogation, administrators, guardians, liquidators, receivers and any other person who has a legal right or obligation to represent the person.