Community Disputes Resolution Act 2015 · 2020 Revised Edition · Part 3 · Community Disputes Resolution Tribunals
31B. Measures for dealing with unmeritorious or vexatious proceedings
Feedback & supportLast amended by an amending law of 2024.
A tribunal may, in respect of any proceedings in the tribunal —
tribunal
“Community Disputes Resolution Tribunal” or “tribunal” means a District Court designated under section 14 as a Community Disputes Resolution 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.
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.
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.
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.
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.
special direction
“special direction” means a direction made by a court under section 6(2) against a contravening party (within the meaning of that section);