ARTICLE · 01 APRIL 2009

Vexatious Litigants – Look Out!

Norton Rose Fulbright Australia

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The “Vexatious Proceedings Act 2008” (NSW) (Act), which commenced on 1 December 2008, expands the powers of certain courts in New South Wales to make orders restricting proceedings by vexatious litigants.

AustraliaLitigation, Mediation & Arbitration

Chrystalla Gallos

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The Vexatious Proceedings Act 2008 (NSW) (Act), which commenced on 1 December 2008, expands the powers of certain courts in New South Wales to make orders restricting proceedings by vexatious litigants. The Act is based upon model legislation approved by the Standing Committee of Attorneys General. Both Queensland and the Northern Territory have already introduced legislation consistent with the model legislation.

Vexatious Proceedings

A vexatious litigant is a person who "frequently and persistently seeks to commence legal action without reasonable grounds or for improper purposes". The Act defines "vexatious proceedings" as proceedings:

that are an abuse of the process of a court or tribunal, and

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