Clause 26

Where a settlement agreement (called in this section the agreement) has been entered into pursuant to a mediation for a dispute which may form the basis for a claim under section 4 for which no proceedings have been brought in a court (including a tribunal), any party to the agreement may, with the consent of all the other parties to the agreement, apply to a tribunal to register the agreement as an order of the tribunal made under section 5.(2) The application must be made within —

the period prescribed by Rules of Court made under section 32 for this purpose; or

any longer period that the tribunal may allow.(3) Subject to subsection (4), a tribunal may register an agreement as an order of the tribunal if —

the agreement is in writing and signed by or on behalf of all the parties to the agreement on or after the date of commencement of section 26 of the Community Disputes Resolution (Amendment) Act 2024; and

the agreement complies with the requirements prescribed by Rules of Court made under section 32 including any requirement as to the form or content of the agreement.(4) The tribunal may refuse to register an agreement or a particular term or terms of an agreement as an order of the tribunal if —

the agreement is void or voidable because of incapacity, fraud, misrepresentation, duress, coercion, mistake or any other ground for invalidating a contract;

the agreement includes subject matter that does not relate to a dispute which may form the basis for a claim under section 4;

any term of the agreement is not capable of enforcement as an order of a tribunal; or

the registration of the agreement is contrary to public policy.(5) Where the agreement or part of the agreement is registered as an order of a tribunal —

the agreement is, for the purposes of enforcement, of the same force and effect as if the agreement were an order made by the tribunal under section 5 and made on the date of the registration; and

proceedings may be taken on the agreement as if the agreement were an order made by the tribunal under section 5.(6) There is no appeal against any decision of the tribunal to register an agreement under subsection (3) or refuse to register an agreement under subsection (4).Measures for dealing with unmeritorious or vexatious proceedings31B.—

A tribunal may, in respect of any proceedings in the tribunal —

make a limited civil restraint order in accordance with section 31C;

make an extended civil restraint order in accordance with section 31D; or

make a general civil restraint order in accordance with section 31E.(2) A tribunal may, if satisfied that a party is conducting any proceedings in the tribunal in a vexatious manner, or if otherwise satisfied that it is in the interests of justice, order that those proceedings be stayed on such terms as the tribunal considers appropriate.(3) A tribunal may, if satisfied that the filing of further documents by a party in any proceedings in the tribunal would be vexatious or for an improper purpose, or if otherwise satisfied that it is in the interests of justice, order that no further documents be filed by that party in relation to those proceedings.(4) A tribunal may make an order mentioned in subsection (1)(a), (b) or (c), (2) or (3) against a party in the proceedings in the tribunal (party A) on the tribunal’s own motion or on the application of another party in those proceedings, but only after giving party A an opportunity to be heard.(5) For the purposes of this section and sections 31C, 31D and 31E —“action on a claim” means an action on a claim under section 4 whether brought before, on or after the appointed date;“application” means any application in proceedings whether made before, on or after the appointed date;“appointed date” means the date of commencement of section 26 of the Community Disputes Resolution (Amendment) Act 2024;“proceedings” means —

any action on a claim; and

any further application that may arise out of the action on a claim, including an application for an interim order, an application for a special direction, an application for a compliance bond and an application for an exclusion order.Limited civil restraint orders31C.—

A tribunal may, if satisfied that a party has made 2 or more applications that are totally without merit or are an abuse of process, or if otherwise satisfied that it is in the interests of justice, make a limited civil restraint order against the party.(2) Where a tribunal makes a limited civil restraint order, the party against whom the order is made —

is restrained from making any further application in the proceedings in respect of which the order is made, without the permission of a tribunal; and

may apply to amend, vary or discharge the order, only if the party has the permission of a tribunal to make that application.(3) Where a party, who is subject to a limited civil restraint order, makes an application (other than for the permission of a tribunal under subsection (2)) in the proceedings in respect of which the order is made without the permission of a tribunal under subsection (2), that application is to be treated as dismissed —

without a tribunal having to make any further order; and

without the need for any other party to be heard on the merits of that application.(4) A limited civil restraint order —

is limited to the particular proceedings in respect of which the order is made; and

remains in effect for the duration of the proceedings in respect of which the order is made, unless the tribunal orders otherwise.Extended civil restraint orders31D.—

Subject to subsection (2), a tribunal may make an extended civil restraint order against a party if he or she has, within a 12‑month period, filed 3 or more of any of the following:

an action on a claim (whether against the same or different respondents); (b)an application to a tribunal under this Act, including an application under section 6 or 9.(2) Before making the extended civil restraint order under subsection (1), the tribunal must be satisfied that —

the claims or applications mentioned in subsection (1) are totally without merit, disclose no reasonable cause of action or are an abuse of process; or (b)it is otherwise in the interests of justice to make the extended civil restraint order.(3) Where a tribunal makes an extended civil restraint order, the party against whom the order is made —

is restrained from commencing any action or making any application, in any tribunal concerning any matter involving, relating to, touching upon or leading to the proceedings in respect of which the order is made, without the permission of a tribunal; and

may apply to amend, vary or discharge the order, only if the party has the permission of a tribunal to make that application.(4) Where a party, who is subject to an extended civil restraint order, commences an action or makes an application in a tribunal (other than for the permission of a tribunal under subsection (3)), concerning any matter involving, relating to, touching upon or leading to the proceedings in respect of which the order is made, without the permission of a tribunal under subsection (3), that action or application is to be treated as struck out or dismissed —

without a tribunal having to make any further order; and

without the need for any other party to be heard on the merits of that action or application.(5) An extended civil restraint order remains in effect for a period (not exceeding 2 years) that is specified in the order.(6) A tribunal —

may extend the period for which an extended civil restraint order remains in effect, if the tribunal considers it appropriate to do so; but(b)must not extend that period for more than 2 years on any given occasion.General civil restraint orders31E.—

A tribunal may, if satisfied that a party has brought actions on a claim or made applications in a tribunal where an extended civil restraint order would not be sufficient or appropriate, make a general civil restraint order against the party.(2) Where a tribunal makes a general civil restraint order, the party against whom the order is made —

is restrained from commencing any action or making any application, in any tribunal without the permission of a tribunal; and

may apply to amend, vary or discharge the order, only if the party has the permission of a tribunal to make the application.(3) Where a party, who is subject to a general civil restraint order, commences an action or makes an application in any tribunal (other than for the permission of a tribunal under subsection (2)), without the permission of a tribunal under subsection (2), that action or application is to be treated as struck out or dismissed —

without a tribunal having to make any further order; and

without the need for any other party to be heard on the merits of that action or application.(4) A general civil restraint order remains in effect for a period (not exceeding 2 years) that is specified in the order.(5) A tribunal —

may extend the period for which a general civil restraint order remains in effect, if the tribunal considers it appropriate to do so; but(b)must not extend that period for more than 2 years on any given occasion.”.