Document ID: chunk:federal_register_of_legislation:C2023A00087:clause:5_102qad
Version: federal_register_of_legislation:C2023A00087
Segment Type: clause
Provision Reference: sch 5 cl 102QAD
Character Range: 68722–69731

102QAD  Proceedings in contravention of harmful proceedings order
 (1) If a person is subject to a harmful proceedings order prohibiting the person from instituting proceedings under this Act in a court having jurisdiction under this Act:
 (a) the person must not institute proceedings in the court without the leave of the court under section 102QAG; and
 (b) another person must not, acting in concert with the person, institute proceedings in the court without the leave of the court under section 102QAG.
 (2) If proceedings are instituted in contravention of subsection (1), the proceedings are stayed.
 (3) Without limiting subsection (2), the court may make:
 (a) an order declaring proceedings are proceedings to which subsection (2) applies; and
 (b) any other order in relation to the stayed proceedings it considers appropriate, including an order for costs.
 (4) The court may make an order under subsection (3) on its own initiative or on the application of a person a party to the proceedings.