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Report No. 192

Section 7 provides for the situations under which the order under section 4(1) staying or prohibiting a person, could be rescinded or varied. It says:

"Sec. 7: On the application of -

(a) a person in respect of whom there is in force an order under section 4(1) -

(i) staying any proceedings either as to the whole or part of the proceedings, that have been instituted by that person; or

(ii) prohibiting that person from instituting proceedings, or proceedings of a particular class, without the leave of the Court or tribunal; or

(b) a person referred to in section 4(2), the Court or a Judge of the Court in which the order was made, may rescind or vary the order.

Section 8 deals with the question as to what would be that procedure if Court/tribunal in one State passes an order against a person and he proposes to go to the Court/tribunal in another State. Its title is "Restriction on a person who is a vexatious litigant in a Court other than a Court of this State".

"Sec. 8(1): This section applies if, in the High Court or the Federal Court of Australia, or in another State or a Territory -

(a) there is in force in respect of a person a declaration that the person is a vexatious litigant; or

(b) there is in force in respect of a person an order that the person must not, without the leave of a Court, institute proceedings, or proceedings of a particular class, in a Court or tribunal or that any proceedings instituted by the person in a Court or tribunal must not be continued by the person without the leave of a Court or tribunal.

(2) While a declaration or order is in force -

(a) any proceedings, or proceedings of the particular class referred to in the order, as the case may be, instituted by that person in a Court or tribunal of this State are stayed and the provisions of this Act (other than section 7) apply, with all necessary modifications, to and in relation to that person as if an order staying any proceedings or proceedings of the particular class referred to in the order, either as to the whole or part of the proceedings, that have been instituted by that person had been made under section 4(1)(c);

(b) the person is prohibited from instituting or proceedings of the particular class referred to in the order, as the case may be, in a Court or tribunal, as the case requires, under section 6 and the provisions of this Act (other than section 7) apply, with all necessary modifications, to and in relation to that person as if an order prohibiting that person from instituting proceedings, or proceedings of that particular class, as the case may be, without the leave of a Court or tribunal had been made under section 4(1) (d); and

(c) on the application of

(i) a person in respect of whom a declaration has been made;

(ii) a person in respect of whom an order has been made; or

(iii) a person referred to in section 4(2) the Supreme Court may, in relation to the institution of proceedings in a Court or tribunal of this State -

(iv) rescind the declaration; or

(v) rescind or vary the order"

It appears that under section 8, declarations or orders of the High Court or Federal Court of Australia can be rescinded or modified by the State Supreme Court, though in Australia, the State Supreme Court is subordinate to the High Court. Section 9 refers to publication of section 4(1) orders or rescission/variation orders under section 7 or 8(2)(C) IN THE Gazette. It states:

"Section 9:

(1) If an order is made under section 4(1), the Principal Registrar of the Supreme Court or the principal Registrar of the District Court, as the case may be, must publish a copy of the order in the Gazette.

(2) If an order is rescinded or raised under section 7 or 8(2)(c), the Principal Registrar of the Supreme Court or the Principal Registrar of the District Court, as the case may be, must give notice of the rescission or variation in the Gazette.

Section 10 permits the Government to make Regulations, section 11 deals with repeal of the 1930 Act on the same subject and section 12 deals with 'Saving and transitional' issues.

Section 11 deals with consequential amendments in the District Court of Western Act, 1969, Liquor License Act, change in terminology.



Prevention of Vexatious Litigation Back




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