This article will outline vexatious proceedings Family Law Act 1975. Vexatious proceedings are legal actions that intend to harass, annoy, or cause harm to the defendant, rather than to seek a legitimate remedy. They are often considered an abuse of the legal process and can be subject to court orders or sanctions. Examples of vexatious proceedings include:
- Repetitive lawsuits
- Baseless motions or appeals
- Lawsuits filed with malicious intent
The Family Law Act defines the person committing these acts as a ‘vexatious litigant’. The person subject to the order cannot initiate proceedings unless the court grants leave. On the other hand, courts stay the proceedings (temporarily stop a judicial proceeding) and litigants if proceedings started without permission. Read on to know more about sections relevant to vexatious proceedings Family Law Act.
Section 102Q: Definitions for Vexatious Proceedings Family Law Act
Section 102Q of the Family Law Act contains terms that can help us better understand legal jargon used in this article. Below is a table that contains these terms.
“appropriate court official” | – The Federal Circuit and Family Court of Australia’s (FCFCOA) Chief Executive Officer – The Family Court of Western Australia’s Principal Registrar – Any other court’s Chief Executive Officers or Principal Registrars |
“Australian Court or Tribunal” | A court or tribunal of the Commonwealth, a state, or territory |
“institute” | This term includes: – Civil proceedings – Proceedings before a tribunal – Criminal proceedings – Civil or criminal proceedings or proceedings before a tribunal |
“proceedings” | A court proceeding, whether between parties or not, which includes cross-proceedings or an incidental proceeding in the course of or in connection with a proceeding. |
“Proceedings of a particular type” | This refers to proceedings in relation to a particular matter and against a particular person |
“Vexatious proceedings” | These are proceedings: – That abuse the process of a court or tribunal; and – Instituted in a court or tribunal to harass, annoy, cause delay, or achieve a wrongful purpose.; and – Instituted and pursued in a court or tribunal without reasonable ground; – Conducted in a court or tribunal in a way to harass, annoy, cause delay, or achieve a wrongful purpose |
“Vexatious proceedings order” | An order made under section 102QB subsection 2 of the vexatious proceedings Family Law Act. More explained below. |
Note: A person working together with another person in instituting or conducting proceedings does not include a person acting as the other person’s lawyer or representative.
Section 102QA: Court Powers Not Affected
According to Section 102QA of vexatious proceedings Family Law Act, Part XIB does not limit or affect court powers to deal with vexatious proceedings. For instance, Family Law Act Section 45A(4) states that a court can dismiss proceedings if they are vexatious.
Section 102QB: Vexatious Proceedings Orders
The people referred to below are those who have frequently instituted or conducted vexatious proceedings. It also includes a person working together with another person who is subject to a vexatious proceedings order or has instituted or conducted vexatious proceedings in an Australian court or tribunal. According to Section 102QB, the court may make any or all of the following orders that:
- Stay or dismiss all or part of any proceedings in the court that a person instituted;
- Prohibit the person from institution proceedings or proceedings of a particular type.
The court may also make any order that they deem appropriate in relation to the person. For instance, the court may order a person to only file documents by mail or to give security for cost and an order for costs. The court must not draft a vexatious proceedings order without giving the person an opportunity of being heard. The court may have regard to the following in relation to the person:
- Proceedings instituted or conducted in any Australian court or tribunal
- Orders made in any Australian Court or tribunal
- The person’s overall conduct in Australian court or tribunal proceedings. This includes the person’s compliance with orders made by that court or tribunal. Additionally, it includes proceedings instituted or conducted and order made before the commencement of Section 102QB vexatious proceedings Family Law Act.
Section 102QC: Notification for Vexatious Proceedings Orders
According to Section 102QC, a person may request a certificate from a court stating whether a person named in the request is or has been the subject of a vexatious proceedings order. The court must issue a certificate if the requesting person is named in the request or has been subject of a vexatious proceedings order made. The certificate must specify:
- The date of the order; and
- Any other information prescribed by the applicable rules of court.
This section is subject to any Commonwealth law or court order restricting the publication or disclosure of a party’s name in court proceedings. It is important to note that Section 155 of the Evidence Act 1995 addresses the use of Commonwealth records as evidence.
Vexatious Proceedings Family Law Act: Case Example
In the case of Jabbar and Gade [2019], Ms Jabbar and Mr Jade separated in 2015 after having two children together. Parenting orders were also issued that year. Ms Jabbar then filed more than 30 applications in which Mr Jade was required to respond to the majority of these applications. These applications were:
- Requesting to change the parenting orders
- Contempt and contravention applications
- Appeals and associated applications
Mr Jade only initiated a small number of applications. He then successfully applied to the court to declare Ms Jabbar as a vexatious litigant since he was stressed because of dealing with the applications. The judge then concluded that Ms Jabbar did conduct these proceedings in order to harass and annoy Mr Jade. The mother’s appeals were wholly unsuccessful.
Importance of Seeking Legal Advice
We hope this article has discussed useful legal information regarding vexatious proceedings Family Law Act. Vexatious proceedings are stressful to deal with especially for people who receive numerous baseless lawsuits. Indeed, divorce and separation cause bitter endings and it may be worse when courts are already involved.
JB Solicitors is a family law firm that can aid with vexatious proceedings in family law matters. Contact us today for more information about vexatious proceedings Family Law Act.