Supreme Court of Judicature Act 1969 · 2020 Revised Edition · Part 7 · Miscellaneous Provisions
73C. Extended civil restraint orders
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A court may, if satisfied that a party has persistently commenced actions or made applications that are totally without merit, make an extended civil restraint order against the party.
court
“court” means the General Division, the Appellate Division, or the Court of Appeal;
Where a court 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 court or subordinate court specified in the order, concerning any matter involving, relating to, touching upon or leading to the legal proceedings in respect of which the order is made, without the permission of the court that made the order; and
may apply to amend, vary or discharge the order, only if the party has the permission of the court that made the order to make that application.
Where a party, who is subject to an extended civil restraint order, commences an action or makes an application (other than for the permission of the court under subsection (2)), in any court or subordinate court specified in the order, concerning any matter involving, relating to, touching upon or leading to the legal proceedings in respect of which the order is made, without the permission of the court under subsection (2), that action or application is to be treated as struck out or dismissed —
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;
without the court 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.
An extended civil restraint order —
remains in effect for a period (not exceeding 2 years) that is specified in the order; and
must specify every court or subordinate court in which the party against whom the order is made is restrained from commencing any action or making any application.
The court —
may extend the period for which an extended civil restraint order remains in effect, if the court considers it appropriate to do so; but(b)must not extend that period for more than 2 years on any given occasion.
Where a party, who is subject to an extended civil restraint order made by the General Division, applies for the permission of the court under subsection (2), and the court refuses such permission, the party may appeal against the refusal only with the permission of the court to which the appeal is to be made under section 29C.
General Division
“General Division” means the General Division of the High Court;
Where a party, who is subject to an extended civil restraint order made by the Appellate Division, applies for the permission of the court under subsection (2), and the court refuses such permission, the party may appeal against the refusal only with the permission of the Court of Appeal.
Appellate Division
“Appellate Division” means the Appellate Division of the High Court;