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In forceAmended2020 Revised Edition

Part 3 · Community Disputes Resolution Tribunals

31E. General 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 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 —

(a)

is restrained from commencing any action or making any application, in any tribunal 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 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 —

(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 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 —

(a)

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.

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Part 4

General