QueenslandVEXATIOUSLITIGANTSACT1981Reprinted as in force on 3 December
2004(includes commenced amendments up to 2004
Act No. 43)Reprint No. 1CThis reprint is
prepared bythe Office of the Queensland Parliamentary
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s13s2VexatiousLitigantsAct1981VEXATIOUS
LITIGANTS ACT 1981[as amended by all amendments that commenced
on or before 3 December 2004]An Act to provide
for the declaration of persons as vexatious litigantsand
for related purposes1Short titleThis Act may be
cited as theVexatiousLitigantsAct1981.2Meaning of terms(1)In
this Act—“legal proceedings”means any cause,
matter, action, suit, or proceedingofanykindwithinthejurisdictionofanycourtortribunalandincludesanyproceedingtakeninconnectionwithanysuchlegalproceedings pending before any court or
tribunal.“person declared to be a vexatious
litigant”includes a person in respectof
whom there is in force an order of a description first specified
insection 7.“register”means
the register of orders kept in the registry of the SupremeCourt
at Brisbane pursuant to section 6.(2)For
this Act—(a)an appeal, challenge, review or
calling into question in any wayofadecisionmadeundersection9A(6)istakentobelegalproceedings;
and(b)thefollowingapplicationsaretakennottobelegalproceedings—(i)an
application for variation mentioned in section 3(3);(ii)an application for revocation
mentioned in section 4;(iii)an application
for leave mentioned in section 8 or 9.
s34s4VexatiousLitigantsAct19813Declaration of vexatious litigants upon
application by publicofficials(1)If
the Supreme Court or a Judge thereof is satisfied that a person
hasfrequentlyandwithoutreasonablegroundinstitutedvexatiouslegalproceedingsorprocuredvexatioussubpoena,summonsestoawitness,warrants or process to be issued or that any
other person acting in concertwith such a person
has without reasonable ground instituted vexatious legalproceedingsorprocuredvexatioussubpoena,summonsestoawitness,warrants or process to be issued, the Supreme
Court or such Judge mayafter hearing such person and, if the
case require it, such other person, orgiving him, her or
them an opportunity of being heard, by its, his or herorder,
declare such person and such other person to be a vexatious
litigant.(2)An order under this section shall be
made only upon the applicationof the
Attorney-General, the Solicitor-General, the Crown Solicitor or
theregistrar of the Supreme Court at Brisbane,
Rockhampton, Townsville orCairns in the State.(3)TheSupremeCourtoraJudgethereofmaymakeanorderundersubsection (1) so as to contain such
conditions or qualifications or to havesuch limited
application as appear to it, him or her to be appropriate
andmay upon the application of an official
specified in subsection (2) or of theperson declared to
be a vexatious litigant vary an order so made by varyingor
rescinding the conditions or qualifications or limits to which such
anorder is for the time being subject.(4)Where an order by which any person is
declared to be a vexatiouslitigant contains any condition or
qualification that continues to have effector has limited
application the provisions of this Act shall apply in
relationto that person subject to the order.4Revocation of s 3 order(1)IftheSupremeCourtoraJudgethereofissatisfiedthatapersondeclared to be a
vexatious litigant—(a)does not intend to pursue or to
procure another person to pursuethe course of
conduct that occasioned the person being declared avexatious litigant; and(b)does
not intend to pursue or to procure another person to pursue
acourse of conduct that might occasion an
order being made undersection 3 in relation to the person or
any other person;
s55s6VexatiousLitigantsAct1981the Supreme Court
or such Judge may, by its, his or her order, revoke theorder
by which that person was declared to be a vexatious
litigant.(2)An order under this section shall be
made only upon an applicationmade by or on
behalf of the person declared to be a vexatious litigant.5Reinstatement of declaration of
vexatious litigant(1)Where a person whose declaration as a
vexatious litigant has beenrevoked pursuant to section 4
institutes or takes, within a period of 5 yearsfollowing such
revocation, legal proceedings that are stayed, dismissed orstruckout,or,beingtheissueofasubpoena,summonstoawitness,warrantorotherprocess,aresetasideasbeingvexatious,oppressive,frivolous, or an
abuse of the procedures of the court or tribunal in whichthey
are instituted or taken, the Supreme Court or a Judge thereof shall
byits, his or her order annul the order by
which the declaration as a vexatiouslitigant was
revoked and reinstate such declaration.(2)An
order under this section shall be made only upon the
applicationof an official specified in section
3(2).(3)Where an order made under section 3
was so made as to have limitedapplicationanditissought,byapplicationtotheCourtoraJudge,toreinstate the declaration as a vexatious
litigant of the person in respect ofwhomtheorderwasmade,theCourtorJudge,inreinstatingthedeclaration, may, by its, his or her
order—(a)remove all limitations on the
application of the order; and(b)vary
the limitations on the application of the order; and(c)impose fresh limitations on the
application of the order;as it, he or she thinks fit.6Notification of orders(1)Where an order is made under section
3, 4 or 5 the registrar of theSupreme Court at
the place where the order is made shall cause notificationof the
making of the order and its terms to be published in the Gazette
anda register of such orders shall be kept in
the registry of the Supreme Courtat
Brisbane.(1A)Such notification shall be taken as
evidence and, in the absence ofevidencetothecontrary,conclusiveevidenceofthematterscontainedtherein.
s76s8VexatiousLitigantsAct1981(2)A
certificate purporting to be under the hand of the registrar of
theSupreme Court at Brisbane as to the state of
the register in any particular atadatespecifiedinthecertificateshallbeacceptedasevidenceofthematters contained therein.7Court orders deemed to be declarations
under Act(1)An order made before the passing of
this Act under any practice ruleoftheSupremeCourtortheDistrictCourtstotheeffectthatnolegalproceedings shall
be instituted in the Supreme Court or, as the case may be,a
District Court by any person to whom the order relates without the
leaveof such court or a Judge thereof shall be
deemed to be an order made underthisActthatdeclaressuchpersontobeavexatiouslitigantandtheprovisions of this Act shall apply in
relation to that order and such personaccordingly.(2)Notification of the making of such an order
need not be published inthe Gazette but the order shall be
recorded in the register.8Proceedings by or
with vexatious litigants require leave(1)Neither a person declared to be a vexatious
litigant nor any personactinginconcertwiththepersonshallinstituteortakeanylegalproceedings without leave of the Supreme
Court or a Judge thereof firsthad and
obtained.(1A)Proceedings instituted or taken in
contravention of subsection (1)shall be invalid
and of no force or effect in law.(2)Where
before the passing of this Act any legal proceedings has
beeninstituted or taken by a person declared to
be a vexatious litigant or by anyperson acting in
concert with the person such legal proceedings shall not becontinued without leave of the Supreme Court
or a Judge thereof first hadand
obtained.(2A)However, subsection (2) does not apply
in relation to proceedingsdulyinstitutedortakenwiththeleaveofthecourtinwhichtheywereinstituted or taken or of a Judge
thereof.(3)Where an order that declares a person
to be a vexatious litigant, or anordermadebeforethepassingofthisActthat,pursuanttothisAct,isdeemed
to be such an order, is made or has been made after the
institutingor taking of legal proceedings by such person
or by another person actingin concert with the person, such legal
proceedings shall not be continued
s97s9VexatiousLitigantsAct1981withoutleaveoftheSupremeCourtoraJudgethereoffirsthadandobtained.(4)Subsection (4A) applies if a person
who is declared to be a vexatiouslitigant does not
start a legal proceeding before the end of the limitationperiod
for the proceeding only because the person has not obtained
leave,under this Act, to start the
proceeding.(4A)The limitation period for the
proceeding is taken—(a)not to have ended if the person,
within the limitation period fortheproceeding,appliedtotheSupremeCourtoraSupremeCourt judge for
leave to start the proceeding; and(b)if
leave is granted—to end 14 days after the day on which theleave
is granted.(5)Subsection (1) does not apply so as to
prohibit or impede any step tobe taken by a
person declared to be a vexatious litigant in legal
proceedingsinstituted against the person, other
than—(a)a step referred to in section 9;
or(b)the institution of third party
proceedings.(6)In this section—“limitationperiod”meansthetimelimitedbyanylaworpracticeforinstituting or taking the proceeding.9Process by or for vexatious litigants
requires leave(1)Neither a person declared to be a
vexatious litigant nor any personacting in concert
with the person shall procure the issue of any subpoena,summonstoawitness,warrantorprocessforthepurposesofanylegalproceedings
instituted or taken, whether before or after the passing of
thisAct, by or against the person or by another
person acting in concert withthe person without
leave of—(a)the Supreme Court or a Judge thereof
in the case of proceedingsin that Court; or(b)the
District Court judge in the case of proceedings in the
DistrictCourt; or(c)aStipendiaryMagistrateinthecaseofproceedingsinaMagistrates Court or before justices;
or
s
9A8s 9AVexatiousLitigantsAct1981(d)inthecaseofproceedingsbeforeatribunal—thepersonconstitutingthetribunalor,iftherebemorethan1 personconstituting the tribunal, the chairperson
thereof.(2)Asubpoena,summons,warrantorprocess,beingonetowhichsubsection(1)relates,issuedwithouttheleaveprescribedbythatsubsection in
respect thereof duly had and obtained shall be invalid and
ofno force or effect in law.(3)A subpoena, summons to a witness,
warrant or process procured tobeissuedbeforethepassingofthisActbyapersondeclaredtobeavexatious litigant or by any person acting in
concert with the person (otherthan a warrant or
process to enforce a judgment obtained by him or her)shall
be invalid and of no force or effect in law.9AApplication for leave(1)An
application for leave mentioned in section 8 or 9 must be made
bythe applicant filing the following documents
relating to the proceedings orstep in the
proceedings in the relevant court or tribunal—(a)an
originating application;(b)an affidavit of
relevant evidence;(c)submissions on which the applicant
intends to rely;(d)iftheapplicationisforleavetoinstituteortakelegalproceedings—a
draft of the proposed documents to be used toinstitute or take
the legal proceedings;(e)iftheapplicationisforleavetoprocuretheissueofanysubpoena, summons to a witness,
warrant or process for any legalproceedings—a
draft of the proposed subpoena, summons to awitness, warrant
or process.(2)The applicant must—(a)giveaservicecopyofeachfileddocumentandthenoticementioned in
subsection (4) to each other party within 7 days ofthe
filing; and(b)file an affidavit about service of the
documents within 10 days ofthe filing.(3)Subsection (2) does not apply to an
application for leave in relationto proceedings
instituted against the applicant.
s
109s 10VexatiousLitigantsAct1981(4)The notice must
state that the person to whom it is given may, within45
days after the notice is given (the“response
period”), file a writtenresponse to the
application in the relevant court or tribunal.(5)If
the person wishes to respond to the application, the person
mustfileanaffidavitinresponseintherelevantcourtortribunalbeforetheresponse period ends.(6)The court, judge or other person to
whom the application is mademust, in the
parties’ absence, decide the application—(a)if
the application is for leave in relation to proceedings
institutedagainsttheapplicant—assoonas
possible,byreferencetothedocuments mentioned in subsection (1);
or(b)otherwise—after the last response
period ends, by reference tothedocumentsmentionedinsubsection(1)andthewrittenresponses, if any, received under this
section.(7)If leave is refused, the registrar of
the relevant court or tribunal mustrefuse to accept a
further originating application under this section dealingwith
the same, or substantially the same, issue.(8)An
application for leave may not be made in relation to a
decisionmade under subsection (6).(9)In this section—“proceedings”means the
proceedings or proposed proceedings in relationto which the
leave is sought.“relevant court or tribunal”means—(a)for
an application under section 8—the Supreme Court; or(b)for an application under section 9—the
court or tribunal in whichthe step in the proceedings is to be
taken.10Conditions for applications for
leave(1)AJudge,Magistrateorotherpersonbeforewhom therecomesanapplication for leave referred to in section
8 or 9 may order—(a)that the applicant lodge security for
costs of the application ordeposit a sum in an amount specified
by such Judge, Magistrateor other person; and(b)thattheapplicationnotproceeduntilsuchsecurityhasbeenlodged or such sum has been
deposited.
s
1010s 10VexatiousLitigantsAct1981(2)Before an
application for leave mentioned in section 8 or 9 proceeds,theapplicantmusthavecompliedwithanorder,ifany,madeundersubsection (1).(4)Uponthedeterminationofanapplicationforleavereferredtoinsection8or9anorderforcostsinanamountfixedbytheJudge,Magistrate or other person who decides the
application may be made infavour of each person who has
successfully resisted the grant of leave uponthe
application.(4A)Innocaseshallanorderforcostsbemadeinfavouroftheapplicant for such
leave.(5)Where an order for costs is made under
subsection (4) by any person,not being a court
or Judge thereof, and any part thereof remains unsatisfied(from
the security or sum for costs lodged or deposited by the applicant
orotherwise) a copy of such order may be filed
in a court having jurisdictionin debt in the
outstanding amount and may be enforced as an order for costsmade
by that court.(6)Security to be lodged pursuant to this
section shall—(a)inthecaseofanapplicationmadeintheSupremeCourt—belodgedwiththeregistrarofthatCourtattheplacewheretheapplication is made;(b)inthecaseofanapplicationmadeintheDistrictCourt—belodgedwiththeregistrarofthatCourtattheplacewheretheapplication is made;(c)inthecaseofanapplicationmadetoaStipendiaryMagistrate—besuchasisapprovedbytheStipendiaryMagistrateandbelodgedwiththepersonwhoisoractsasregistrar of the
Magistrates Court and clerk of the court at theplace where the
application is made;(d)in the case of an application made to
any person as a member orthechairpersonofatribunal—besuchasisapprovedbythepersonandbelodgedwiththepersonhavingcustodyoftherecords of the
tribunal.(7)Any sum to be deposited pursuant to
this section shall be depositedwiththepersonwithwhomsecuritywouldbelodgedpursuanttothissection had such
security been required to be lodged.(8)Any
part of the security lodged or sum deposited pursuant to an
orderunder subsection (1) that remains after
satisfying an order for costs made
s
1111s 12VexatiousLitigantsAct1981under subsection (4) shall be retained
by the officer of the court or tribunalwith whom it was
lodged or deposited and applied in satisfaction of anyorder
for costs made in the legal proceedings in respect or for the
purposesof which the application was made.(9)WherethesecurityhasbeenlodgedorthesumdepositedwitharegistraroftheSupremeCourtinconnectionwithanapplicationmadeunder
section 8 for the purpose of instituting or taking legal
proceedings inany other court or tribunal, the part of the
security or sum to be retainedpursuant to
subsection (8) shall be transmitted by the registrar to the
officerof that other court or tribunal specified by
subsection (6) as the officer withwhom a security is
to be lodged in connection with an application made tothat
other court or tribunal and that officer shall retain and apply the
part sotransmitted in accordance with subsection
(8).11Conditions for granting leave(1)A court, Judge or Magistrate or other
person (“judicial officer”) ofwhom
is sought leave referred to in section 8 or 9 shall not grant such
leaveunless it, he or she is satisfied—(a)in the case of an application for
leave to institute or take legalproceedings—that
instituting or taking those proceedings is notan abuse of
process and that there is prima facie ground therefor;(b)inthecaseofanapplicationforleavetoissueanysubpoena,summons, warrant
or process—that there is sufficient reason forthe issue thereof
and that no abuse of process is intended or islikely to result
from the issue thereof.(2)Without limiting
the orders a judicial officer may make, the judicialofficer may, as a condition of granting
leave—(a)order the applicant to lodge security
for costs for the proceedingsordepositanamountstatedbythejudicialofficerwiththeregistrar or other responsible person
as security; and(b)ordertheproceedingsnotproceeduntilthesecurityhasbeenlodged or the amount deposited.12Application of ss 8 and 9 affected by
order of Judge etc.(1)Uponthedeterminationofanapplicationforleavereferredtoinsection 8 or 9 the
Judge, Magistrate or other person who has decided the
s
1312s 13VexatiousLitigantsAct1981application, if he or she is satisfied
that an abuse of process is not likely toresult and if the
applicant requests it, may order—(a)thatthedepositofsecurityforcostsinconnectionwithanyfurther application for such leave to
be made by the applicant inthelegalproceedingsinrelationtowhichtheapplicationdetermined by him
or her was made be dispensed with or be insuch reduced sum
as he or she specifies in his or her order; or(b)that
the making of all or any further applications for such leavebytheapplicant,withaviewtotheapplicant’staking,performingandprocuringallfurthersteps,actsandthingsnecessaryordesirabletoeffectuallyconductthelegalproceedings in
relation to which the application determined byhim or her was
made or to enforce any judgment given or ordermade therein or
such steps, acts and things of that description ashe or
she specifies in the order, be dispensed with.(2)An
order made under subsection (1) may be revoked at any time by
aJudge, Magistrate or other person possessing
a like jurisdiction to that oftheJudge,Magistrateorotherpersonwhomadetheorder,upontheapplication of any person aggrieved by
anything done under the authorityof the order or of
any official referred to in section 3(2), if such Judge,Magistrate or other person believes that an
abuse of process has resultedfrom the making of
the order or is likely to result if the order is allowed tostand.(3)Foraslongasanordermadeundersubsection(1)subsiststheprovisions of section 8 or 9 shall apply in
relation to the person to whomand the legal
proceedings to which the order relates subject to the order.13Mode of service of documents by or on
behalf of vexatious litigantor person acting
in concert(1)Service on any person of a document
relating to legal proceedingsinstituted or
taken by or against a person declared to be a vexatious
litigantor by or against a person acting in concert
with the person (being in eithercase a document to
be served by or on behalf of the vexatious litigant orpersonactinginconcertwiththeperson)shallbedeemedtobenotsufficient service
and ineffective unless—(a)it is effected in
accordance with law by a solicitor, an employeeof a solicitor,
or a duly appointed bailiff; or
s
1413s 14VexatiousLitigantsAct1981(b)itiseffectedinaccordancewithlaw,otherthanbyapersonreferred to in paragraph (a), on land or
premises in the possessionof another as a residence or place of
business, with the consent ofthat other first
had and obtained; or(c)it is effected on the person served at
a place other than land orpremises in the possession of another
as a residence or place ofbusiness; or(d)itiseffectedbyleavingthedocumentwithsomepersonauthorised by the
person to be served to accept service thereof onhis
or her behalf; or(e)itiseffectedbysendingthedocumentbyA.R.certifiedmailaddressed to the person to be served at the
person’s usual place ofresidence or business.(2)Adocumentpurportingtobeareceiptformailaddressedtotheperson to be
served in accordance with subsection (1)(e) shall be
evidenceand, in the absence of evidence to the
contrary conclusive evidence that thedocument to be
served was received by that person on the date indicated onthe
receipt as the date of receipt.14Entry
by vexatious litigant or person acting in concert anunlawful trespass(1)If a
person declared to be a vexatious litigant or a person acting
inconcert with the person enters upon land or
premises in the possession ofanother as his or
her residence or place of business with a view to effectingservice, otherwise than in accordance with
section 13, on any person of adocument relating
to legal proceedings instituted or taken by or against thevexatious litigant or person acting in
concert with the person, the personshall thereby
commit an unlawful trespass on such land or premises and,foraslongasthepersonremainstherein,shallbetakentobethereinwithout lawful
excuse.(2)A person shall be taken to be in
possession of land or premises forthe purposes of
subsection (1) if the person uses that land or those
premisesforhisorherresidingthereinorforcarryingonanybusinessthereinnotwithstanding
that—(a)the person has no estate or interest
therein; or(b)the person’s use thereof is by
arrangement with another; or(c)control of the use thereof does not lie in
the person.
s
1514s 17VexatiousLitigantsAct198115Documents in
contravention of Act not required to be accepted(1)Whereapersondeclaredtobeavexatiouslitigantoranypersonacting
in concert with the person—(a)seeks of an
officer of any court or tribunal to have an originatingproceeding issued on the person’s behalf by
that court or tribunal;or(b)presentstoanofficerofanycourtortribunalanoriginatingproceedingmadebytheperson,orasummonstoawitnessissuedontheperson’sbehalf,forlodgmentinthatcourtortribunal;and it appears to
such officer that such originating proceeding or summonswould
be or is in contravention of this Act such officer shall not be
requiredto issue the originating proceeding or to
accept the document in questionfor lodgment in
the court or tribunal and the officer may reject the same.(2)Notwithstanding the provisions of any
other Act, it is not the duty ofany police officer
to execute or accept a warrant of apprehension that hasbeen
issued on an originating proceeding that without the prescribed
leavewould be invalid and of no force or effect in
law, unless the justice who hasissued the warrant
acknowledges on the warrant that the prescribed leavehas
been obtained.16Issue of bench warrantsA
person charged with the duty of issuing a warrant to apprehend
anyperson pursuant to an order made by a court
or justices upon the applicationofaperson,otherthananapplicationmadethroughabarristerorasolicitor, or a member of the public
service or a police officer in either caseacting in the
course of his or her duty, shall not issue such a warrant until
heor she satisfies himself or herself that the
person on whose application theorder was made is
not named in the register as a person declared to be avexatious litigant.17Setting aside process ex parte(1)Apersonwhohasreasontobelievethatanyoriginatingprocess,subpoena, summons to a witness, warrant or
other process served upon theperson has been
issued or procured by a person declared to be a vexatiouslitigant or by any other person acting in
concert with the person may makeapplicationexpartetothecourtortribunalinwhichortoinvokethe
s
1715s 17VexatiousLitigantsAct1981jurisdiction of which the document in
question was issued, for a declarationsettingasidetheprocess,subpoena,summonsor,asthecasemaybe,warrant.(2)A court or tribunal to which an
application is duly made under thissection is
invested with jurisdiction to hear and determine the
application,tomakeallordersthereinthatarenecessaryordesirabletoeffectthatpurposeandtosetasidetheprocess,subpoena,summonsorwarranttowhich
the application relates and to make such order for costs as it
thinksfit.
17VexatiousLitigantsAct19814Table of reprintsReprints are
issued for both future and past effective dates.For
the most up-to-date tableof reprints, see the reprint with the
latest effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.TABLE
OF REPRINTSReprintNo.11AAmendments
includednoneto 1997 Act No. 9Effective20
May 198120 June 19971Bto
2002 Act No. 3416 August 20021Cto
2004 Act No. 433 December 2004Reprint
date6 September 19944 July
1997(Column discontinued)Notes5Tables in earlier reprintsTABLES IN EARLIER REPRINTSName
of tableChanged names and titlesObsolete and
redundant provisionsRenumbered provisionsReprint
No.1116List of legislationVexatious Litigants Act 1981 No. 35date
of assent 20 May 1981commenced on date of assentamending legislation—Justice and Other
Legislation (Miscellaneous Provisions) Act 1997 No. 9 ss 1,
2(5)pt 26date of assent 15
May 1997ss 1–2 commenced on date of assentremaining provisions commenced 20 June 1997
(1997 SL No. 155)Justice and Other Legislation (Miscellaneous
Provisions) Act 2002 No. 34 ss 1, 74sch 6date
of assent 16 August 2002commenced on date of assentJustice and Other Legislation Amendment Act
2004 No. 43 ss 1–3 schdate of assent 18 November
2004