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StatuteFamily Law Act 1975

Section 102Q — Family Law Act 1975: Definitions

Text of the provision Official document

(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.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.