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.

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. 

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.

Reforms introduced to Parliament 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.