Vexatious litigant

One who persists in bringing baseless civil legal actions against another party. A vexatious litigant frustrates the function and operation of the Court by manipulating the system for unjust purposes, usually to annoy, upset, or burden the relevant respondent, or the Court itself.

The law regarding vexatious litigants is contained in the Vexatious Proceedings Act 2008 (the Act). The rights of the Court to uphold its integrity and function by dealing with vexatious litigants quickly and efficiently must be balanced against the litigant’s fundamental right to a fair hearing.

Under the Act, in certain circumstances, the Supreme Court will be allowed to make an order staying all proceedings instigated by a vexatious litigant, and/or prohibiting them from instigating future proceedings.