Document ID: chunk:federal_register_of_legislation:C2012A00186:clause:3_37am
Version: federal_register_of_legislation:C2012A00186
Segment Type: clause
Provision Reference: sch 3 cl 37AM
Character Range: 51089–53200

37AM  Definitions
 (1) In this Part:
Australian court or tribunal means a court or tribunal of the Commonwealth, a State or a Territory.
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.
proceeding:
 (a) in relation to a court—has the meaning given by section 4; 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 proceeding includes:
 (a) a proceeding that is an abuse of the process of a court or tribunal; and
 (b) a proceeding instituted in a court or tribunal to harass or annoy, to cause delay or detriment, or for another wrongful purpose; and
 (c) a proceeding instituted or pursued in a court or tribunal without reasonable ground; and
 (d) a proceeding 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 37AO(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.