What Is a Vexatious Litigant?

Vexatious litigation might not be a term you hear every day, but if you’ve ever been served with numerous court applications, you’ll know just how serious—and draining—it can be.

In essence, the vexatious litigant meaning revolves around individuals who habitually misuse legal processes to achieve improper purposes.

They’re not trying to resolve a genuine legal dispute—they’re using the courts as a weapon.

Whether it’s to wear someone down emotionally, make them spend money, or simply to keep stirring the pot, this type of behaviour is a clear misuse of the legal system.

The vexatious meaning in law refers to legal actions that are brought forward without merit, often to annoy, delay, or burden the other party involved.

It’s known as legal abuse—and unfortunately, it happens more than you might think. Victims of vexatious litigation often feel trapped in a cycle of stress, legal fees, and endless paperwork.

The emotional toll can be devastating, especially in family law cases where the disputes are deeply personal and ongoing. One party might use repeated court action as a way to stay connected or exert control long after a relationship ends.

It’s not just about punishing bad behaviour. These laws are designed to protect people from being hounded through the courts, and to stop the justice system from being clogged with pointless cases.

At Unified Lawyers, we regularly support clients dealing with exactly this kind of legal harassment. We’ve helped parents, ex-partners, and even business owners who’ve been pulled into repeat litigation by someone with a grudge.

Our team knows how to spot the signs of vexatious behaviour and take action fast—whether that’s gathering evidence, applying for protective orders, or pushing for a formal declaration.

In this guide, we’ll unpack what vexatious litigation actually involves, how the law deals with it, and—most importantly—how you can protect yourself if you’re being targeted.

How Does Someone Become a Declared Vexatious Litigant?

The path to having someone declared a vexatious litigant is procedural and legally rigorous.

It ensures that the person’s conduct justifies such a serious restriction on their legal rights.

Courts are cautious in applying this label because it limits a fundamental legal right—the right to access justice.

Court Process

So, how does someone actually get declared a vexatious litigant?

It all starts with a formal application to the Federal Circuit and Family Court of Australia.

This isn’t something that happens on a whim—it’s a serious legal move that requires solid groundwork.

Whether it’s the Attorney General, an affected party, or in rare cases, the court itself initiating the process, the applicant needs to show that the person on the receiving end has a track record of abusing the court system.

What does that look like?

We’re talking about multiple legal cases that fall apart under scrutiny—claims that are clearly destined to fail, make no logical sense, or seem designed purely to cause grief.

Maybe they’re trying to rehash an issue that’s already been settled, or using the courts as a way to stall enforcement or drag someone back into litigation out of spite.

The court will comb through the litigant’s history, looking for a consistent pattern of these red flags.

It’s not just about one or two dodgy cases.

The judge wants to see evidence that this is a repeated behaviour—something that’s undermining the legal process and wasting everyone’s time.

If the court is satisfied that the person fits the bill, it can issue a vexatious proceedings order. This doesn’t throw them out of the justice system altogether, but it does put a firm lock on the courtroom door.

From that point on, they’ll need special permission—called leave of the court—before they can file any new case.

It’s a strong safeguard designed to protect others from being harassed through the legal system and to keep the courts running efficiently for genuine disputes.

Evidence Required

Getting someone declared a vexatious litigant isn’t just about pointing fingers—it requires strong, well-organised evidence.

You’ll need to show that this isn’t a one-off issue but part of a persistent, disruptive pattern. Courts are cautious about restricting a person’s access to justice, so the burden of proof is high.

What does solid evidence look like?

Start with a clear timeline that outlines all the cases this person has filed against you—or others.

If those cases were dismissed or struck out for being frivolous or baseless, include the court decisions or transcripts that prove it.

Judgments that explicitly label their behaviour as abusive or highlight repeated failures to follow court directions are especially helpful.

You’ll also want to include written communications, such as affidavits or transcripts, that show intent.

Maybe they’ve made comments that suggest their goal isn’t to resolve an issue but to cause stress, delay, or financial pain. Non-compliance with earlier court orders can also support your case—it shows a disregard for legal boundaries and court authority.

Ultimately, the court is looking for a pattern of conduct that wastes time, drains resources, and undermines the fairness of the justice system. If you can clearly connect the dots between repeated filings and harmful intent, you’ve got the kind of evidence that gets taken seriously.

Who Can Apply

So who can actually file for someone to be declared a vexatious litigant?

It’s not just up to the courts.

First, you’ve got the Attorney General of each state or territory.

They can step in and apply for a declaration in the public interest—especially if the behaviour is affecting the wider legal system.

In some jurisdictions, private individuals or organisations who are being targeted again and again can also make the application themselves. This is especially relevant in family law or business contexts where one party keeps dragging the other through the courts.

And finally, in particularly extreme situations, the court itself might take action.

This doesn’t happen often, but if the abuse is obvious and ongoing, the judge can initiate proceedings to impose restrictions and protect the integrity of the court process.

Consequences of Being Declared a Vexatious Litigant

The fallout from being declared a vexatious litigant isn’t just a slap on the wrist—it’s a serious legal status with lasting effects.

Once the court makes that declaration, life in the courtroom changes dramatically for the person on the receiving end.

Once declared a vexatious litigant, a person loses the right to start new court cases without the court’s permission. Every new application they try to make will be closely reviewed.

Courts take a tough stance from here. If the person keeps trying to file weak or harassing claims, judges can dismiss them quickly or impose even stricter limits.

There’s also the cost factor. If their actions have wasted time or caused stress and expense to others, they may be ordered to pay legal costs—and that can add up quickly.

Now, it’s important to understand that these consequences aren’t meant to punish.

They’re there to protect.

The whole point of the vexatious litigant declaration is to keep the legal system fair, focused, and accessible to those with genuine claims—not to those who treat it like a weapon.

So if someone crosses the line and starts misusing the courts to cause chaos, this legal safeguard is how the system says, “Enough”.

Protections Against Vexatious Litigation

If you’re caught in the crosshairs of vexatious litigation, you’re not without options—Australia’s legal system has built-in protections to help shield you from ongoing court harassment and give you space to breathe again.

Vexatious Proceedings Orders (VPOs) are a key way to stop someone from abusing the legal system.

Once the court issues a VPO, the person can’t file any new cases without first getting the court’s approval. It’s a safeguard that stops repeated, baseless claims.

Another option is section 102QB of the Family Law Act.

This lets family courts step in when legal action is being used to control or intimidate. The court can block future claims if they’re clearly being used to harass rather than resolve real issues.

If you’re feeling overwhelmed, don’t worry—there’s help.

Support services and legal aid are available across Australia, including free access to duty solicitors, family violence liaison officers, and community legal centres. These services can help you understand your rights, prepare your documents, and even represent you in court in some cases.

And if the vexatious litigation is part of a wider pattern of harassment or domestic abuse, you might also qualify for restraining orders or intervention orders. These legal protections don’t just stop someone from contacting you—they can also restrict their access to court as a means of control.

All of these protections exist for a reason :

To give people like you the power to push back.

You don’t have to accept constant court action as your new normal. With the right legal support, you can stop the cycle and reclaim your peace of mind.

Example Scenario

Say you’ve already finalised parenting or property matters with an ex. But instead of letting things go, they keep dragging you back to court—same issues, same arguments, over and over.

Each time, the court throws it out, but they won’t quit. It starts to feel like they’re using the legal system to get under your skin.

You’re doing everything by the book, yet the court dates and paperwork don’t stop. It’s exhausting, stressful, and expensive.

Eventually, you take action.

You apply to the Federal Circuit and Family Court of Australia for a Vexatious Proceedings Order.

You show them the list of rejected cases and explain how it’s affecting your life. The court agrees.

The judge declares the other party a “vexatious litigant.”

That means they can’t file another case without the court’s okay.

It’s a legal gate that blocks abuse of the system.

Tools like this exist to stop people from using court as a weapon. It’s not about denying rights—it’s about keeping things fair.

When to Seek Legal Advice

So how do you know when it’s time to bring in a family lawyer?

When legal battles start feeling like a pattern instead of a one-off dispute, it’s a major red flag. If someone keeps dragging you back into court over the same issue—especially when the claims have already been dismissed or resolved—it’s not persistence, it’s harassment.

Here are some signs that it’s time to speak with a lawyer :

• You’re dealing with repetitive court applications or lawsuits that rehash the same topic over and over.
• There’s a clear personal agenda—maybe you’re seeing legal action that seems more about control, spite, or emotional manipulation than any genuine dispute.
• The other party routinely ignores court orders or finds ways to delay, stall, or disrupt existing agreements.
• You notice these legal actions tend to pop up after major personal events, like a separation, family breakdown, or custody decision.

These patterns can take a serious toll—not just legally, but emotionally and financially too.

The longer you wait to act, the more entrenched the behaviour can become.

That’s why it’s crucial to get legal advice early.

A skilled lawyer can spot the warning signs, gather evidence to support your case, and help you apply for protections like a Vexatious Proceedings Order or court injunctions. They can also help you navigate the system so you’re not stuck responding to every baseless claim on your own.

At Unified Lawyers, our team of family and civil litigation specialists understands how complex and draining this kind of legal abuse can be. We work with you to build a strategy that puts you back in control—so you’re no longer reacting, but responding with strength and support behind you.

If you’re facing repeated legal harassment, don’t wait until the next claim arrives.

Get the advice and support you need now. It could be the first step toward stopping the cycle for good.

FAQ’s

1. Can family court deal with vexatious litigants?

Yes, the Family Court can manage vexatious litigants using powers under the Family Law Act 1975 (Cth) and applicable court rules.

Courts can issue orders restricting a party’s ability to file further applications, especially where litigation becomes a form of harassment or control.

In particularly severe cases, family courts may refer matters to the Supreme Court for a formal vexatious proceedings declaration, especially if there is a persistent pattern of misuse.

2. How do I protect myself from repeated lawsuits?

Start by documenting every interaction—emails, court filings, and any orders issued.

Engage a solicitor early to assess if the behaviour meets the legal threshold for a vexatious proceedings application. You may also request the court to issue a ‘no further applications’ order or seek cost sanctions against the litigant.

If litigation is tied to family violence, consider integrating support from domestic violence advocates and exploring intervention orders.

3. Is it hard to get someone declared vexatious?

Yes, courts apply a high standard of proof to safeguard access to justice.

Applicants must present detailed case histories showing that the other party has initiated multiple baseless or repetitive proceedings. The behaviour must clearly demonstrate a pattern that interferes with proper court functioning or causes undue hardship to others.

Legal representation is critical to compiling evidence and framing the argument effectively.

4. What’s the difference between a vexatious litigant and someone who appeals often?

A vexatious litigant engages in legal action with the intention to annoy, burden, or abuse the process, usually without legal merit.

By contrast, someone who frequently appeals may be persistent but is not necessarily vexatious if their actions are grounded in law and fact.

The key difference is whether the legal system is being used constructively or manipulatively.