Submission to the Australian Productivity Commission in relation to the Draft Report on Access to Justice Arrangements: Post-draft submission number DR328

Summary of major points
1. A multidimensional approach to vexatious litigants that focuses on earlier intervention
with more graduated responses is the best approach to manage vexatious behaviour
and reduce negative impacts.
2. The bar should be lowered in terms of the type of behaviour that attracts a response
from the justice system, but without the imposition of severe, general litigationrestricting
consequences.
3. Following the experience in Queensland, advantages to a publicly available and
searchable register of orders against vexatious litigants outweigh the disadvantages
(which with appropriate care can be managed).