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University of New South Wales

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Case Note Viavattene v Attorney General
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Case Note Viavattene v Attorney General

JURD7152 - Introducing Law & Justice

7 Pages University of New South Wales Essay / Project Year: Pre-2017

Viavattene v Attorney General1 raised issues of statutory interpretation specifically in vexatious proceedings. Determining whether or not the actions of a person are vexatious is difficult as it relies on the wording of the definition, which does not provide a quantifiable measure. This variability and the unique nature of individual cases can make it hard to follow or set a precedent and places emphasis on the judge’s discernment. The consequences of vexatious litigation further complicate the issue as it has the power to prevent people from accessing justice, 2 and this brings into consideration the rule of law.

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