Vexatious litigants targeted by new Bill

28/6/00
A new Bill introduced by Attorney General Peter Foss targets individuals who are deemed to be vexatious by constant and unnecessary litigation in the courts.
"It has been very difficult to successfully deter a vexatious litigant," Mr Foss said.
"In fact, it is my understanding that since the original Vexatious Proceedings Restriction Act 1930 came into operation, there have been only seven successful applications."
Currently a person can only be declared a vexatious litigant through an application to the Supreme Court, brought by the Attorney General.
This application must satisfy the Supreme Court that proceedings are vexatious, begun habitually and persistently, and without any reasonable ground.
"This legislation is as much about protecting the victims of apparent 'vendettas' through the courts, as it is about stopping unnecessary litigation," Mr Foss said.
"Not only do vexatious litigants waste valuable court time that could be used by people with valid complaints, but the costs in defending vexatious actions can be enormous."
In one known case, the legal costs incurred by a person defending a variety of actions by a vexatious litigant exceeded $100,000.
Under the proposed Vexatious Proceedings Restriction Bill 2000 the range of people who may seek an application is widened to include a judge or principal registrar of either the Supreme or District Court, or a person against whom vexatious actions are taking place.
"The Bill was being drafted at the same time that the Law Reform Commission Report was being prepared, and I am pleased to say that nine of the 10 changes recommended by the Law Reform Commission in relation to vexatious litigants have been reflected in the Bill," Mr Foss said.
Media Contact: Danielle van Kampen - 9321 2222