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Report No. 192

Chapter VI

Curbs on Vexatious Litigation in Australia and New Zealand

In this Chapter, we shall refer to the efforts made in Australia and New Zealand to prevent vexatious litigation.

Australia

In Australia, the High Court Rules of 1952 have a provision in Rule 63.6 to the following effect:

"Rule 63.6: Vexatious proceedings:

(1) Upon the application of a Law Officer, or the Australian Government Solicitor or of the Principal Registrar of the Court, the Court or a Justice, if satisfied that a person, or another person in concert with that person, frequently and without reasonable ground has instituted vexatious legal proceedings, may, after hearing that person or that other person or giving him an opportunity of being heard, order that he shall not, without the leave of the Court or a Justice, begin any action, appeal or other proceeding in the Court.

(2) Leave shall not be given under this rule unless the Court or a Justice is satisfied that the proceedings are not an abuse of the process of the Court and that there is prima facie ground for the proceedings."



Prevention of Vexatious Litigation Back




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