A vexatious litigant is someone who persistently begins legal actions but does not have sufficient grounds for doing so.
Under the Vexatious Proceedings Act 2005, the Supreme Court can make an order prohibiting someone from starting proceedings, or starting a proceeding of a certain type, in Queensland.
The court will look at the number of proceedings instituted by that person and will decide if their actions were fair and reasonable and/or if the same action has been decided in the past.
Vexatious proceedings include those cases that are:
- an abuse of the process of a court or tribunal
- designed to harass or annoy, to cause delay or detriment, or for any other wrongful purpose
- instituted or pursued without fair or reasonable grounds.
If someone is subject to a vexatious proceedings order, they will be unable to start further proceedings without the permission of the court.
The following legislation may assist you:
Last updated Wednesday, November 28, 2007 8:37