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In forceAmended2020 Revised Edition

Part 3 · Community Disputes Resolution Tribunals

31C. Limited civil restraint orders

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Amended

Last amended by an amending law of 2024.

(1)

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 —

(a)

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

(b)

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 —

(a)

without a tribunal having to make any further order; and

(b)

without the need for any other party to be heard on the merits of that application.

(4)

A limited civil restraint order —

(a)

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

(b)

remains in effect for the duration of the proceedings in respect of which the order is made, unless the tribunal orders otherwise.

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