164BJudge’s powers to make orders and give directions in respect of plainly abusive civil proceeding

1. This section applies if a Judge to whom a Registrar refers a civil proceeding under section 164A is satisfied that the proceeding is plainly an abuse of the process of the court.

2. The Judge may, on the Judge’s own initiative,—

3. make an order that the proceeding be struck out; or
4. make an order or give directions to ensure that the proceeding is disposed of or, as the case may be, proceeds in a way that complies with rules made under section 148 that apply to the relevant court.

5. The Judge may make an order or give directions under subsection (2)—

6. on the papers; and
7. without giving the person who filed the proceeding the opportunity to make submissions.

8. If the Judge makes an order under subsection (2)(a) in respect of a proceeding filed by a person, the order must contain a statement stating the following matters:

9. if the order is a first strike-out order for the purposes of section 164C, the consequences of a subsequent strike-out order being made, in respect of another proceeding filed by the person, within 2 years of the date of the first strike-out order, as specified in section 164C; and
10. if the order is a subsequent strike-out order for the purposes of section 164C, that the person is restrained in the manner specified by section 164C(3) for the period specified in section 164C(4); and
11. if the order is made by a Judge of the High Court or a Judge of the Court of Appeal, the person’s rights in respect of appeal against the order.