What is a Vexatious Litigant?

Table of Contents

Share at:

Litigation is costly, time consuming, and stressful as it is. Add in a litigant who frequently and persistently takes legal action against you without reasonable grounds or purpose, and you can see those problems multiply quickly. These people are known as vexatious litigants. The legal industry does not regard vexatious litigants highly at all. Luckily, there are various safeguards for litigants to ensure protection or relief against a vexatious litigant. Accordingly, when exposed, vexatious litigants will face serious consequences.

What are vexatious proceedings?

The two key legislative instruments in NSW that define vexatious proceedings are the Vexatious Proceedings Act 2008 (NSW) and Uniform Civil Procedure Rules 2005 (NSW) (UCPR). Correspondingly, a proceeding initiated or conducted in a manner that amounts to an abuse of process, harasses or annoys, or causes delay or detriment is vexatious. Further, a case is vexatious when instituted without reasonable grounds or purpose.

Orders that can be made against a vexatious litigant

If it becomes apparent that a litigant is making a vexatious claim or the proceedings are generally vexatious, a vexatious proceedings order can be made against the litigant. Usually such an order entitles the Court to stay all or part of any the relevant proceedings. Further, an order prohibits the litigant from starting any new proceedings in the jurisdiction without the Court’s leave. For more information on vexatious proceedings and how they affect you as a litigant, read here

Why are vexatious litigants problematic to the rule of law?

A fundamental principle of civil procedure, which applies to civil proceedings, is the resolution of the real issues in the proceedings in a just, quick and cheap manner. Essentially, this means that the Court must at all times work towards giving effect to this principle.

To ensure parties don’t waste resources, time and energy into litigation, it is strongly encouraged to try alternative dispute resolution. But if your case ends up in litigation this principles will always be considered in terms of case management. Moreover, to maintain public confidence in the judicial system such a principle is necessary.

So, a litigant that persistently initiates proceedings that are hopeless and an abuse of process will be reprimanded. This safeguarding saves the courts time and resources as well as the other parties involved.

Final thoughts

In summary, a vexatious litigant is someone who brings forward hopeless proceedings frequently and persistently. Their motive could be to annoy and frustrate the defendant or they might not fully realise the lack of successful prospects in their claim. Accordingly, you should seek the advice of a litigation lawyer if you’re concerned your claim in a proceeding may be vexatious or you believe someone is initiating vexatious proceedings against you.

Don’t know where to start? Contact us on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

When Do You Need to Register for GST?

Learn when you need to register for GST in Australia, including turnover thresholds, rules for rideshare drivers, and voluntary registration benefits.

Can you Dismiss an Employee on Maternity Leave?

Dismissal while on parental or maternity leave in Australia is not always illegal, but it can be tricky due to strict legal protections. Consult our guide for more details.

What is Genuine Redundancy? (2026 Update)

No longer require an employee to do their job? Learn about genuine redundancy, your employees’ rights, and your business's obligations in this situation.

What is the Difference Between a Public and Private Company?

Which business structure is right for you: public vs private company? In Australia, this depends on several factors. Read our guide to learn more.

Is it Legal to Change an Employee’s Role?

What are the legal implications of changing an employee’s role in Australia? This guide covers your obligations as an employer and employees' rights.

What Is a Grandfather Clause? Meaning, Examples and Business Uses

Find out everything you need to know about grandfather clauses and the many ways they might impact your day to day business.