Vexatious Proceedings Restriction Act 2002 (WA)

Western Australia

Reprinted under the Reprints Act 1984 as at 8 July 2016

Western Australia

Vexatious Proceedings Restriction Act 2002

An Act to —

• •

  restrict the institution of vexatious proceedings;

• •

  amend the District Court of Western Australia Act 1969 2, the Liquor Licensing Act 1988 2, and the Supreme Court Act 1935 2;

• •

  repeal the Vexatious Proceedings Restriction Act 1930,

and for related purposes.

This Act may be cited as the Vexatious Proceedings Restriction Act 2002 1.

This Act comes into operation on such day as is fixed by proclamation 1.

In this Act, unless the contrary intention appears —

Court means the Supreme Court, a judge, the District Court, or a District Court judge;

institute proceedings includes —

• (a)

  in the case of civil proceedings, the taking of a step or the making of an application which may be necessary in a particular case before proceedings can be commenced against a party; and

• (b)

  in the case of proceedings before a tribunal, the taking of a step or the making of an application which may be necessary in a particular case before proceedings can be commenced before the tribunal; and

• (c)

  in the case of criminal proceedings, the commencement of a prosecution or the obtaining of a warrant for the arrest of an alleged offender; and

• (d)

  in the case of civil or criminal proceedings, or proceedings before a tribunal, the taking of a step or the making of an application which may be necessary to commence an appeal in relation to the proceedings or to a decision or determination made in the course of the proceedings;

proceedings includes —

• (a)

  any cause, matter, action, suit, proceeding, trial, or inquiry of any kind within the jurisdiction of any court, including a court of summary jurisdiction, or a tribunal; and

• (b)

  any proceedings, including interlocutory proceedings, taken in connection with or incidental to proceedings pending before a court, including a court of summary…