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ARTICLE · 27 MARCH 2023

Who is a vexatious litigant?

A vexatious litigant is a person who persistently commences court action to harass another.

AustraliaLitigation, Mediation & Arbitration

A person who persistently commences court action to harass another is a vexatious litigant. Parties involved do not embrace the litigation process. Court proceedings can be extremely stressful, inconvenient, costly, and emotionally challenging.

However, some individuals, such as vexatious litigants, relentlessly pursue cases with an ulterior motive, causing further inconvenience to the opposing party. A vexatious litigant repeatedly takes legal action for wrongful purposes or without reasonable grounds. Proceedings are "vexatious" when they are repetitive, burdensome, or meritless.

The Vexatious Proceedings Act 2008 (the Act) governs laws relating to a vexatious litigant and vexatious proceedings in New South Wales (NSW). This article discusses matters related to this.

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