Courts would have greater powers to declare individuals as vexatious litigants under State Government reforms aimed at minimising the impact on those being targeted by vexatious claims and the impact on the courts.
Vexatious litigants are individuals who frequently institute legal proceedings without reasonable grounds or who do so to harass, annoy or cause delay or detriment to others.
Vexatious litigants not only divert court resources away from those who have genuine cases, they cause considerable stress and expense for individuals, families, and businesses that are forced to defend themselves against completely baseless claims.
Thousands of hours of legal resources have been lost on vexatious claims with no reasonable grounds, impacting those with legitimate matters before the courts.
The Courts Administration Authority has warned of a rise in the type of behaviour underpinning vexatious litigation, citing factors such as the rise of the so-called 'sovereign citizen' movement, along with the prevalence of generative artificial intelligence to prepare spurious court documents.
The Royal Commission into Domestic, Family and Sexual Violence noted that vexatious complaints in the criminal and civil justice system could be used to further perpetuate domestic, family and sexual violence. In particular, it observed that systems abuses can create delays causing victim-survivors to disengage from the criminal justice system, which could in turn result in a person who uses violence never having to face a trial.
These reforms complement the findings of the Royal Commission and acknowledge the need to identify and address the potential for systems abuse in our courts.
An analysis in the Adelaide Law Review from 2021 described SA's existing laws as "rarely used, resource-intensive, costly and onerous", noting that one individual had instituted more than 60 claims without reasonable grounds, with significant resources expended over three and a half years to support a declaration that this individual was, indeed, a vexatious litigant.
Reforms introduced to Parliament by the State Government this week would:
- Broaden the criteria to allow courts to declare an individual a vexatious litigant, by enabling courts to consider proceedings brought by individuals in other jurisdictions, as well as proceedings constituting an abuse of process or that have been conducted for any other wrongful purpose
- Allow the Supreme Court to make a vexatious litigant order on its own motion
- Allow South Australian courts and tribunals to refer a matter to the Supreme Court where it believed there may be grounds for a vexatious litigant order
The laws were developed in consultation with key stakeholders including the Courts Administration Authority, the Law Society, the Legal Services Commission and the Aboriginal Legal Rights Movement.
As put by Kyam Maher
Achieving justice in a timely and cost-effective manner – whether we're talking about addressing various injustices through civil proceedings or holding offenders to account through criminal proceedings – is a fundamental part of our society.
Unfortunately there are those who seek to abuse this system, by clogging up the courts with completely unmeritorious actions, often misusing the justice system as a means to harass others. This can have a devastating impact on people forced to defend themselves against baseless claims.
Vexatious litigants are a drain on the system who make it harder for the courts to dedicate resources to those matters that do legitimately warrant their time.
These reforms are about protecting South Australians from those individuals who seek to wield the justice system like a weapon against people they wish to cause distress to.
These laws will help courts curtail this behaviour while ensuring an individual's right to access the court is maintained.
