Vexatious litigants
A ‘vexatious litigant’ is someone who persistently begins legal actions but doesn’t have sufficient grounds for doing so.
Vexatious proceedings include cases that are started or pursued:
- to abuse the process of a court or tribunal
- to harass or annoy, to cause delay or detriment, or for another wrongful purpose
- without fair or reasonable grounds.
Under the Vexatious Proceedings Act 2005, the Supreme Court can declare someone a vexatious litigant and prohibit them starting proceedings, or a certain type of proceeding, in Queensland without the court’s permission.
In deciding whether to make a vexatious proceeding order, the court examines the number of proceedings started by the person, whether their actions were fair and reasonable, and/or if the same action has been decided in the past.
The order is made under the Vexatious Proceedings Act and published in the Queensland Government Gazette.
People who can apply for a vexatious proceedings order include:
- the attorney-general
- the Crown solicitor
- the registrar of the court
- a person against whom another person has started or conducted a vexatious proceeding
- a person who has sufficient interest in the matter.
They can apply by filing a Form 5 - Originating application with the Supreme Court registry.
If you are declared a vexatious litigant, you must comply with the Vexatious Proceedings Act 2005 when considering any further legal proceedings. It’s strongly suggested that you seek independent legal advice.
Search the list of vexatious litigants maintained by the Supreme Court registrar.