Document ID: chunk:federal_register_of_legislation:C2012A00186:clause:3_88s
Version: federal_register_of_legislation:C2012A00186
Segment Type: clause
Provision Reference: sch 3 cl 88S
Character Range: 66702–68151

88S  Proceedings in contravention of vexatious proceedings order
 (1) If the Federal Magistrates Court makes a vexatious proceedings order prohibiting a person from instituting proceedings, or proceedings of a particular type, in the Federal Magistrates Court:
 (a) the person must not institute proceedings, or proceedings of that type, in the Federal Magistrates Court without the leave of the Federal Magistrates Court under section 88V; and
 (b) another person must not, acting in concert with the person, institute proceedings, or proceedings of that type, in the Federal Magistrates Court without the leave of the Federal Magistrates Court under section 88V.
 (2) If a proceeding is instituted in contravention of subsection (1), the proceeding is stayed.
 (3) Without limiting subsection (2), the Federal Magistrates Court may make:
 (a) an order declaring a proceeding is a proceeding to which subsection (2) applies; and
 (b) any other order in relation to the stayed proceeding it considers appropriate, including an order for costs.
 (4) The Federal Magistrates Court may make an order under subsection (3) on its own initiative or on the application of any of the following:
 (a) the Attorney‑General of the Commonwealth or of a State or Territory;
 (b) the Chief Executive Officer;
 (c) a person against whom another person has instituted or conducted a vexatious proceeding;
 (d) a person who has a sufficient interest in the matter.