New restraint orders to limit vexatious litigants

The Napthine Government has proposed a crackdown on “tribunal pests and costly court time-wasters”. Under the existing system, a person can only be declared a “vexatious litigant” by the Supreme Court on the application of the Attorney-General; the bill is a response to a parliamentary committee’s call for a more flexible system. According to the explanatory memorandum, “The Bill enables the Supreme Court, the County Court, the Magistrates’ Court and VCAT to make various types of ‘litigation restraint orders’, which increase in severity in accordance with a person’s litigation history and pattern of vexatious behaviour.” A vexatious litigant is prohibited from launching a legal case without first being granted permission by the court.