Vexatious Litigant under the Vexatious Proceedings Act

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Video Transcript

In Queensland, vexatious litigation threatens the proper administration of justice by burdening courts, defendants, and public resources through repetitive, unmeritorious, or harassing proceedings.

To address this, the Vexatious Proceedings Act 2005 (Qld) empowers the Supreme Court to declare someone a vexatious litigant and restrict their ability to commence or continue proceedings without court permission—or ‘leave.’

But the Act balances protection of the system with access to justice—allowing vexatious litigants to still bring genuine claims, provided they follow the required leave procedure.

For a vexatious proceedings order, the Court must be satisfied of two threshold issues: first, that the person has instituted or conducted ‘vexatious proceedings’ in Australia; second, that such proceedings have been carried out ‘frequently.’

Vexatious proceedings are defined to include proceedings that abuse court process, are instituted or pursued without reasonable ground, or are conducted to harass, annoy, delay, or cause detriment—including cases with scandalous or oppressive allegations.

In cases like Praljak v Bond University Ltd [2024] QSC 45, the Court found proceedings vexatious where claims lacked tenable causes of action and included irrelevant or scandalous allegations.

Importantly, ‘frequently’ is interpreted flexibly and context-dependently. It refers to repetitive or persistent litigation—including both substantive claims and interlocutory applications—rather than a fixed number of cases.

Only certain parties can apply for a vexatious proceedings order: the Attorney-General, the Crown Solicitor, the Supreme Court registrar, or a person directly affected—or someone with sufficient interest—with leave of the Court.

Courts can respond by staying existing matters, preventing new ones without leave, or crafting tailored restrictions based on individual circumstances.

Defendants have strategic tools too—such as seeking strike-out or stay orders, applying for costs, and early identification of vexatious conduct to protect themselves and the court system.

The Act complements existing rules—like UCPR r 171—that empower courts to strike out pleadings that are frivolous, vexatious, or an abuse of process.

In summary: the Vexatious Proceedings Act 2005 provides a robust framework that deters abusive litigation while preserving legitimate access to justice—allowing the legal system to function fairly and proportionately.

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