Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p37
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 88239–90838

Court may order that a proceeding be stayed, or dismissed generally or in relation to any claim for relief in the proceeding, if the Court is satisfied that:
 (a) the party prosecuting the proceeding or claim for relief has no reasonable prospect of successfully prosecuting the proceeding or claim; or
 (b) the proceeding or claim for relief is frivolous or vexatious; or
 (c) the proceeding or claim for relief is an abuse of the process of the Court.

13.14  Certificate of vexatious proceedings order
 (1) A person who wants the Chief Executive Officer to issue a certificate under section 240 of the Act must make the request in writing and include in the request:
 (a) the applicant's name and address; and
 (b) the person's interest in making the request.
 (2) The request must be lodged in the Registry in which the vexatious proceedings order was made.
 (3) The certificate must state:
 (a) the name of the person subject to the vexatious proceedings order; and
 (b) the name of the person who applied for the vexatious proceedings order (unless publication or disclosure of the person's name is restricted); and
 (c) the date on which the vexatious proceedings order was made; and
 (d) the orders made by the Court.

13.15  Application for leave to institute proceedings
  An application under subsection 242(2) of the Act for leave to institute a proceeding that is subject to a vexatious proceedings order must be made:
 (a) in accordance with the approved form; and
 (b) without notice to any other person.
Note: Subsection 242(3) of the Act sets out the contents of the affidavit that must be filed with the application.

13.16  Dormant proceedings
 (1) If a party has not taken a step in a proceeding for 6 months, the Court may, on its own initiative, order that the proceeding, or a part of the proceeding, be dismissed.
 (2) The Court must not make an order under subrule (1) if:
 (a) there is a future listing for the proceeding or a part of the proceeding; or
 (b) an application in a proceeding relating to the proceeding has not been determined; or
 (c) a party to the proceeding satisfies the Court that the proceeding, or the part of the proceeding, should not be dismissed; or
 (d) the Court has not given the parties to the proceeding notice under subrule (3).
 (3) The Court must, at least 14 days before making an order under subrule (1), give each party to the proceeding written notice of the date and time it will consider whether to make the order.
 (4) Notice under subrule (3) must be sent by post in an envelope marked with the Court's return address:
 (a) to each