Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.