Administrative Appeals Tribunal Act 1975

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 5 - Procedural powers of Tribunal  

SECTION 42B   POWER OF TRIBUNAL IF A PROCEEDING IS FRIVOLOUS, VEXATIOUS ETC.  

42B(1)    
The Tribunal may dismiss an application for the review of a decision, at any stage of the proceeding, if the Tribunal is satisfied that the application:


(a) is frivolous, vexatious, misconceived or lacking in substance; or


(b) has no reasonable prospect of success; or


(c) is otherwise an abuse of the process of the Tribunal.

42B(2)    
If the Tribunal dismisses an application under subsection (1), it may, on application by a party to the proceeding, give a written direction that the person who made the application must not, without leave of the Tribunal, make a subsequent application to the Tribunal of a kind or kinds specified in the direction.

42B(3)    
The direction has effect despite any other provision of this Act or any other Act.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.