A Balancing of Rights: The Vexatious Litigant Debate
PILCH / HRLRC submission to the Victorian Parliament’s Vexatious Litigants Inquiry
The Victorian Parliament Law Reform Committee recently conducted a public inquiry into the efficacy of current vexatious litigant legislation. Since 1928 only 14 people have been declared vexatious litigants in Victoria.
PILCH and the HRLRC provided a joint submission to the inquiry outlining that the current vexatious litigant laws under section 21 of the Supreme Court Act 1986 (Vic) strike the correct balance between the right to access the courts and the need to protect other parties and the justice system from vexatious litigation. The submission argued that any attempts to broaden these laws should be treated with caution and ensure that rights under the Charter of Human Rights and Responsibilities Act 2006 (Vic) are adequately protected, particularly the right to a fair hearing and equal access to the courts.
PILCH and the HRLRC also asserted that any meaningful attempts to address the issue of vexatious litigation should focus on less restrictive means such as reforms to court case management and the provision of direct guidelines and continuing training for judges and court staff in dealing with vexatious and difficult litigants, and individuals who have mental health issues since there is a concern that they are at risk of being misjudged as vexatious by court staff and the judiciary.
The submission also suggested that the underlying issue of the vexatious litigant debate stems from the increase of self-represented litigants due in part to restrictive legal aid guidelines based on insufficient funding in key areas of legal assistance. It was contended that an increase in government funding for legal aid assistance is essential, particularly legal advice at the preliminary stage, as well as funding to increase legal resources made available to self-represented litigants at the various courts and tribunals.
