Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_102q
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 102Q
Character Range: 872751–875300

102Q  Definitions
 (1) In this Part:
appropriate court official means:
 (a) in relation to the Federal Circuit and Family Court of Australia—the Chief Executive Officer; and
 (c) in relation to the Family Court of Western Australia—the Principal Registrar of the Court; and
 (d) in relation to any other court—the chief executive officer or principal registrar (however described) of the court.
Australian court or tribunal means a court or tribunal of the Commonwealth, a State or a Territory.
harmful proceedings order means an order made under subsection 102QAC(1).
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 a party; and
 (b) for proceedings before a tribunal—the taking of a step or the making of an application that may be necessary before proceedings can be started before the tribunal; and
 (c) for criminal proceedings—the making of a complaint or the obtaining of a warrant for the arrest of an alleged offender; and
 (d) for civil or criminal proceedings or proceedings before a tribunal—the taking of a step or the making of an application that may be necessary to start an appeal in relation to the proceedings or to a decision made in the course of the proceedings.
proceedings:
 (a) in relation to a court—has the meaning given by subsection 4(1); and
 (b) in relation to a tribunal—means a proceeding in the tribunal, whether between parties or not, and includes an incidental proceeding in the course of, or in connection with, a proceeding.
proceedings of a particular type includes:
 (a) proceedings in relation to a particular matter; and
 (b) proceedings against a particular person.
vexatious proceedings includes:
 (a) proceedings that are an abuse of the process of a court or tribunal; and
 (b) proceedings instituted in a court or tribunal to harass or annoy, to cause delay or detriment, or for another wrongful purpose; and
 (c) proceedings instituted or pursued in a court or tribunal without reasonable ground; and
 (d) proceedings conducted in a court or tribunal in a way so as to harass or annoy, cause delay or detriment, or achieve another wrongful purpose.
vexatious proceedings order means an order made under subsection 102QB(2).
 (2) A reference in this Part 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 a lawyer or representative of the other person.