10. Part VII of the principal Act is amended by inserting, immediately after section 73, the following sub‑heading and sections:“Measures for dealing with unmeritorious or vexatious proceedings and vexatious litigants |
Measures for dealing with unmeritorious or vexatious proceedings |
73A.—(1) A court may, in respect of any legal proceedings in the court —(a) | make a limited civil restraint order in accordance with section 73B; | (b) | make an extended civil restraint order in accordance with section 73C; or | (c) | make a general civil restraint order in accordance with section 73D. |
(2) 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. |
(3) 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. |
(4) The High Court may, in respect of any legal proceedings in any subordinate court —(a) | make a limited civil restraint order in accordance with section 73B; | (b) | make an extended civil restraint order in accordance with section 73C; or | (c) | make a general civil restraint order in accordance with section 73D. |
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(5) The High Court 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 High Court considers appropriate. |
(6) The High Court 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. |
(7) A court may, on the court’s own motion, or on the application of —(a) | the Attorney‑General; or | (b) | 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. |
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(8) The High Court may, on the application of —(a) | the Attorney‑General; or | (b) | 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. |
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(9) Subject to section 34(2A), a party against whom the High Court makes an order mentioned in subsection (1)(a), (b) or (c), (2), (3), (4)(a), (b) or (c), (5) or (6) may bring an appeal from the order to the Court of Appeal. |
(10) 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. |
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Limited civil restraint orders |
73B.—(1) A court may, if satisfied that a party has made 2 or more applications that are totally without merit, make a limited civil restraint order against the party.(2) Where a court makes a limited civil restraint order, the party against whom the order is made —(a) | is restrained from making any further application in the legal proceedings in respect of which the order is made without the leave of that court; and | (b) | may apply to amend, vary or discharge the order, only if the party has the leave of that court to make that application. |
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(3) Where a party, who is subject to a limited civil restraint order, makes an application (other than for the leave of the court under subsection (2)) in the legal proceedings in respect of which the order is made without the leave of the court under subsection (2), that application is to be treated as dismissed —(a) | without the court having to make any further order; and | (b) | without the need for any other party to be heard on the merits of that application. |
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(4) A limited civil restraint order —(a) | is limited to the particular legal proceedings in respect of which the order is made; and | (b) | remains in effect for the duration of the legal proceedings in respect of which the order is made, unless the court orders otherwise. |
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(5) Where a party, who is subject to a limited civil restraint order made by the High Court, applies for the leave of the court under subsection (2), and the High Court refuses such leave, the party may, subject to section 34(2A), bring an appeal from the order refusing such leave to the Court of Appeal. |
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Extended civil restraint orders |
73C.—(1) 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.(2) Where a court makes an extended civil restraint order, the party against whom the order is made —(a) | 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 leave of the court that made the order; and | (b) | may apply to amend, vary or discharge the order, only if the party has the leave of the court that made the order to make that application. |
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(3) Where a party, who is subject to an extended civil restraint order, commences an action or makes an application (other than for the leave 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 leave of the court under subsection (2), that action or application is to be treated as struck out or dismissed —(a) | without the court 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. |
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(4) An extended civil restraint order —(a) | remains in effect for a period (not exceeding 2 years) that is specified in the order; and | (b) | 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. |
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(5) The court —(a) | 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. |
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(6) Where a party, who is subject to an extended civil restraint order made by the High Court, applies for the leave of the court under subsection (2), and the High Court refuses such leave, the party may, subject to section 34(2A), bring an appeal from the order refusing such leave to the Court of Appeal. |
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General civil restraint orders |
73D.—(1) A court may, if satisfied that a party has persisted in commencing actions or making applications that are totally without merit, in circumstances where an extended civil restraint order would not be sufficient or appropriate, make a general civil restraint order against the party.(2) Where a court 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 court or subordinate court specified in the order, without the leave of the court that made the order; and | (b) | may apply to amend, vary or discharge the order, only if the party has the leave of the court that made the order to make that application. |
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(3) Where a party, who is subject to a general civil restraint order, commences an action or makes an application (other than for the leave of the court under subsection (2)), in any court or subordinate court specified in the order, without the leave of the court under subsection (2), that action or application is to be treated as struck out or dismissed —(a) | without the court 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. |
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(4) A general civil restraint order —(a) | remains in effect for a period (not exceeding 2 years) that is specified in the order; and | (b) | 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. |
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(5) The court —(a) | may extend the period for which a general 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. |
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(6) Where a party, who is subject to a general civil restraint order made by the High Court, applies for the leave of the court under subsection (2), and the High Court refuses such leave, the party may, subject to section 34(2A), bring an appeal from the order refusing such leave to the Court of Appeal.”. |
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