High Court of Australia Rules of Court (Cth)

STATUTORY RULES.

1943. No. 74.

HIGH COURT OF AUSTRALIA.

Rules of Court.*

As of Tuesday the ninth day of March, 1943.

PURSUANT to the Judiciary Act 1903-1940 and to all other powers thereunto enabling—

It is ordered as follows:—

(A) That Part I. of the Rules of this Court be amended in the manner hereinafter appearing, that is to say:—

I. By adding the following Order and heading:—

ORDER XLIVa.

Prevention of Vexatious Proceedings.

Vexatious Proceedings.

1. Upon the application of a Law Officer of the Commonwealth or of the Crown Solicitor of the Commonwealth or of the Principal Registrar of the High Court the High Court or any Justice thereof if satisfied that any person frequently and without any reasonable ground or that any other person in concert with the person hereinbefore mentioned has instituted vexatious legal proceedings may after hearing any such person or other person or giving him an opportunity of being heard order that no legal proceedings shall without the leave of the Court or a Justice thereof be instituted by such person or other person in the High Court.

Such leave shall not be given unless the Court or a Justice thereof is satisfied that the proceedings are not an abuse of the process of the Court and that there is prima facie ground for the proceedings.

2. A copy of any Order made hereunder shall be published in the Commonwealth Gazette.

II. By adding to Rule 3 of Order LVII. the following proviso:—

Provided that if any such writ process or commission shall appear to a Registrar on its face to be an abuse of the process of the Court or a frivolous or vexatious proceeding the Registrar shall seek the direction of a Justice who may direct him to issue the same or to refuse to issue the same without the leave of a Justice first had and obtained by the party seeking to issue the same.

(B) That the foregoing Order and proviso shall come into operation forthwith.

J. G. LATHAM C.J.
G. E. RICH J.
(l. s.)	H. E. STARKE J.
	EDWARD A. McTIERNAN J.
D. WILLIAMS J.

J. G. Hardman, Principal Registrar.

* Notified in the Commonwealth Gazette on 25th March, 1943.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

1690.—Price 3d.