Supreme Court of Judicature Act 1969 · 2020 Revised Edition · Part 7 · Miscellaneous Provisions
73A. Measures for dealing with unmeritorious or vexatious proceedings
Feedback & supportLast amended by an amending law of 2021. 3 amendments in all.
A court may, in respect of any legal proceedings in the court —
court
“court” means the General Division, the Appellate Division, or the Court of Appeal;
make a limited civil restraint order in accordance with section 73B;
make an extended civil restraint order in accordance with section 73C; or
make a general civil restraint order in accordance with section 73D.
A court may, if satisfied that a party is conducting any legal proceedings in the court in a vexatious manner, order that those proceedings be stayed on such terms as the court considers appropriate.
A court may, if satisfied that the filing of further documents by a party in any legal proceedings in the court would be vexatious or for an improper purpose, order that no further documents be filed by that party in relation to those proceedings.
The General Division may, in respect of any legal proceedings in any subordinate court —
General Division
“General Division” means the General Division of the High Court;
make a limited civil restraint order in accordance with section 73B;
make an extended civil restraint order in accordance with section 73C; or
make a general civil restraint order in accordance with section 73D.
The General Division may, if satisfied that a party is conducting any legal proceedings in any subordinate court in a vexatious manner, order that those proceedings be stayed on such terms as the General Division considers appropriate.
subordinate court
“subordinate court” means a court constituted under the State Courts Act 1970, a Family Court or Youth Court constituted under the Family Justice Act 2014, and any other court, tribunal or judicial or quasi‑judicial body from the decisions of which under any written law there is a right of appeal to the Supreme Court;
The General Division may, if satisfied that the filing of further documents by a party in any legal proceedings in any subordinate court would be vexatious or for an improper purpose, order that no further documents be filed by that party in relation to those proceedings.
A court may, on the court’s own motion, or on the application of —
the Attorney‑General; or
any party in any legal proceedings in the court,make an order mentioned in subsection (1)(a), (b) or (c), (2) or (3) against another party in those legal proceedings after giving the other party an opportunity to be heard.
The General Division may, on the application of —
the Attorney‑General; or
any party in any legal proceedings in a subordinate court,make an order mentioned in subsection (4)(a), (b) or (c), (5) or (6) against another party in those legal proceedings after giving the other party an opportunity to be heard.
A party against whom the General Division makes an order mentioned in subsection (1)(a), (b) or (c), (2), (3), (4)(a), (b) or (c), (5) or (6) may appeal against the order only with the permission of the court to which the appeal is to be made under section 29C.
A party against whom the Appellate Division makes an order mentioned in subsection (1)(a), (b) or (c), (2) or (3) may appeal against the order only with the permission of the Court of Appeal.
Appellate Division
“Appellate Division” means the Appellate Division of the High Court;
In this section and sections 73B and 73C, “legal proceedings” includes any proceedings, process, action, application or appeal in any civil matter or quasi‑criminal matter.