Legislative Memo: Vexatious Proceedings Act 2005 (Qld)
Purpose of legislation
The Act is an example of constitutionality and the rule of law. The administration of justice to all irrespective of their social status is a core objective that governs the most courts of law. Ideally, the judicial process ought to be expeditious in a bid to grant all parties a fair trial. However, abuse of the judicial process by the litigants is highly discouraged thereby leading to the formulation of legislations such as the Vexatious Proceedings Act 2005 in a bid to curb such tendencies. The aforementioned Act has been of importance in the curbing of vexatious litigants from being in operation.
The core purpose of the Vexatious Proceedings Act 2005 is the reformation and consolidation of the law relating to vexatious proceedings in both courts and tribunals in order to balance competing interests that arise during the court process . The other purpose of the Act is the granting of courts power to restrict an individual’s ability to pursue vexatious litigation . This purpose aims at protecting both the community and the court process thereby ensuring that the rights of individuals are protected. It also grants the litigants the chance to have an easy access to courts via the institution of meritorious litigation in a bid to protect and defend their interests.
Finally, the Vexatious Proceedings Act 2005 also seeks to ensure that the allocation of resources in the determination of meritorious cases in the courts and tribunals is fair . This purpose aims at the reduction of delays thereby enhancing the easy access to justice for all members.
The structure of the Act and how it achieves its purposes
... middle of paper ...
...tection of rights and the determination of meritorious cases. Further, one of the consequences that arise from this act is that there is just expedition of justice since there is minimal abuse of the judicial process. Similarly, the Act reduces delays thereby eliminating the backlog of cases and promoting fast disposition of cases and administration of justice.
Finally, the Act ensures that there is a fair balance between the competing interests and adheres to the rule of law. The balance of competing interests arises via ensuring that the parties instituting such proceedings represent themselves before courts or tribunals. This ensures that there is equality in seeking justice. The Act follows the rule of law since its main objective is to administer justice to all interested parties. The rule of law seeks to promote justice, transparency and accountability.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- In forming a case brief, a legal professional or law student must be able to identify the key areas or elements of a case. These are normal sections of a typical case in no particular order; although many cases will follow some semblance of a “typical” format and make finding these elements less difficult. Facts: In most cases, the facts are decided at the trial level courts which are the lowest level and most familiar courts people use verses the intermediate or appellate level or the high court’s such as the Supreme Court.... [tags: Appeal, Law, Trial court, Court]
730 words (2.1 pages)
- The roadmap of how a bill becomes an actual is designed to include considerable opportunity for debate and clarification of its content. There are four primary steps in the process of a bill becoming law; introduction, committee action, debate and signing. (factmonster.com). A bill’s introduction takes place either in the House of Representatives or the Senate, depending on where it originates. Bills that originate in the Executive Branch must also be introduced by a Senator or member of Congress.... [tags: process, introduction, action, debate, signing]
676 words (1.9 pages)
- Harmonization of private international law aspects concerning corporations is the best way to resolve the uncertainties surrounding corporate cross-border mobility. Harmonization of substantive laws concerning corporations is, on the other hand, unattainable and undesirable. Discuss in relation to: (i) Regulating company law matters; AND (ii) Regulating their insolvency. 1. Introduction Modern day corporations with their multilateral nature have created their owned corporate governance regime. Proponents argue that this corporation are replacing states and brining their own current in world’s economy especially the free market.... [tags: Business, Free Market]
1472 words (4.2 pages)
- The question of the constitutionality of prayer in our public schools and public school system has been an ongoing controversy for the past three decades. There is only one way to end the controversy, and it is pertinent to the well being of our youth and our nation. We must keep church and state forever separate. Any form of prayer in the public school system is an explicit violation of the first amendment, is coercive, and harmful to not only our nations children, but to the nation itself. The question of prayer in school should never have even been a question, and the fact that it remains three decades later is nothing short of unfaithful to the constitution.... [tags: the constitutionality of prayer, public schools, r]
861 words (2.5 pages)
- The Concept of the Rule of Law and Various Contending Definitions of the Concept. The aim of this essay is to provide a clear understanding of the concept of the rule of law and the different definitions of the concept and indicate which of the definitions is the best. In order to show clear understanding of the concept of the rule of law this essay will include: the definition of the rule of law, features and aims of the rule of law, the different contending definitions of the concept of the rule of law and brief summary of the different views, how the rule of law is protected in the UK, before concluding with a personal opinion on which of the contending definitions is best and reasons why... [tags: Law, Human rights, Sharia, Common law]
1300 words (3.7 pages)
- The Rule of Law means that the state should govern its citizens, in a way which works with the rules that have been agreed on. The Rule of Law is simply a fundamental principle of our constitution. Britain and other Western democracies are different in that Britain has an unwritten constitution, meaning that our constitution is not found in a certain document but that we actually have a constitution from the rules about who governs it, and about the powers they entail and how that power can be passed or even transferred.... [tags: Law, Judicial review, Separation of powers]
1501 words (4.3 pages)
- 1) Contrast Chinas “rule by law” with democratic “rule of law”. The principle of rule of law is traditionally associated with liberal democratic ideals. It implies a particular relationship between individuals and the state, the essence of which is protection of individual rights by limitations on arbitrary state power. Such limitations are enshrined in the law and in legal institutions. This notion makes no sense in traditional communist ideology: law is a weapon of the state to use in exercising dictatorship.... [tags: Law, Democracy, Political philosophy, Communism]
1757 words (5 pages)
- Alright, let 's do this. Burdens: Let 's start by establishing these. We have equal burdens. It is my burden to show that the usage of jury nullification, on the whole, presents a net detriment. It is Pro 's burden to show the opposite. Thus, it is not my burden to present a case that seeks to end the right to jury nullification. So, as I 'm not seeking to end this right, the right itself isn 't up for discussion. I must only show that its usage is generally harmful to justice. Building on that, I also need not argue that jury nullification is harmful in all instances, just as it is not my opponent 's burden to show that every instance where jury nullification is used is beneficial to justi... [tags: Law, Jury, Justice, Common law]
1565 words (4.5 pages)
- Critically assess the importance of the rule of law in the UK constitution The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.... [tags: Law, Constitution, Judicial review, Prime minister]
1152 words (3.3 pages)
- Constitutionalism is a body of theory which prescribes what the constitution must do. The judiciary works to solve disputes between parties and the disputes may come either as criminal cases or civil cases. The judiciary works as the over-site to the executive and the legislature. It gives orders to parties in disputes found wrong in order to represent communities basic values. The judiciary is set up in a form of a hierarchy of courts and it is within these courts that the judiciary exercises its authority.... [tags: Papers]
1006 words (2.9 pages)
- Differences Between The Accounting Standards Of Anglo American Countries
- Coca Cola As A Multi Million Dollar Company
- Genetically Modified Babies : The Power And Accessibility Of Genetic Technology
- Police Brutality And The United State
- A Thorough Analysis Of Porcelain Must Be Done
- The Tempest And Peircy 's Woman On The Edge Of Time