Vexatious Proceedings Act 2008 (NSW)

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An Act to make provision with respect to vexatious proceedings in the courts and tribunals of the State.

Part 1Preliminary1Name of Act

This Act is the Vexatious Proceedings Act 2008.

2Commencement

This Act commences on a day to be appointed by proclamation.

3Definitions(1)

In this Act—

appropriate authorised court—see section 12.

appropriate registrar for an authorised court means—

  • (a)

    in relation to the Supreme Court—the Prothonotary of the Supreme Court, or

  • (b)

    in relation to the Land and Environment Court—the Registrar of that Court, or

  • (c)

    in relation to the Industrial Court—the Industrial Registrar within the meaning of the Industrial Relations Act 1996.

Australian court or tribunal means a court or tribunal of the Commonwealth or of a State or Territory.

authorised court means any of the following courts—

  • (a)

    the Supreme Court,

  • (b)

    the Land and Environment Court,

  • (c)

    the Industrial Court.

decision includes determination.

institute, in relation to proceedings—see section 5.

order includes declaration and injunction.

proceedings—see section 4.

vexatious proceedings—see section 6.

vexatious proceedings order means an order made under section 8.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)

A reference in this Act to a person acting in concert with another person in instituting or conducting proceedings does not include a reference to a person who is so acting as an Australian legal practitioner or representative for the proceedings.

(2A)

(Repealed)

(3)

Notes included in this Act do not form part of this Act.

s 3: Am 2016 No 48, Sch 2.35 [1]–[3]; 2023 No 41, Sch 2.33[1]–[3].

4Meaning of “proceedings”

In this Act, proceedings includes—

  • (a)

    any civil proceedings, criminal proceedings or proceedings before a tribunal, and

  • (b)

    any cause, matter, action, suit, proceedings, trial, complaint or inquiry of any kind within the jurisdiction of any court or tribunal, and

  • (c)

    any proceedings taken in connection with or incidental to proceedings pending before a court or tribunal, and

  • (d)

    any interlocutory proceedings or applications, or procedural applications, taken in connection with or incidental to civil proceedings, criminal proceedings or proceedings before a tribunal, and

  • (e)

    any calling into question of a decision, whether or not a final decision, of a court or tribunal, and whether by appeal, challenge, review or in another way.

s 4: Subst 2018 No 1, Sch 1 [1].

5Instituting proceedings(1)

In this Act, institute, in relation to proceedings, includes—

  • (a)

    for civil proceedings—the taking of a step or the making of an application that may be necessary before proceedings can be started against or in relation to a party, and

  • (b)

    for proceedings before a tribunal—the taking…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.