Vexatious litigants misuse the justice system by frequently launching baseless or frivolous legal proceedings to harass, annoy or cause delay or detriment to others.

Vexatious litigants place a significant burden on the courts, with thousands of hours of legal resources lost to vexatious claims with no reasonable grounds. This inflicts considerable stress and expense upon individuals, families, and businesses that are forced to defend themselves against completely baseless claims.

The Government introduced these reforms following concerns raised by the justice system about a potential increase in vexatious litigation, as well as findings from South Australia’s Royal Commission into Domestic, Family and Sexual Violence.

The Government’s reforms:

• Expand the criteria used by the courts to declare a vexatious litigant, by allowing consideration of proceedings brought in other jurisdictions and proceedings constituting an abuse of process or that have been conducted for any other wrongful purpose
• Give courts the power to make a vexatious litigant order on its own motion
• Allow South Australian courts and tribunals to refer matters to the Supreme Court where there may be grounds for a vexatious litigant order.
• Allows courts to impose intervention orders where it is reasonable to suspect the vexatious litigant may commit an act of abuse against another person.
• Expands the range of orders the Court may impose.

The reforms will commence on a date to be fixed.