Submission by Narelle Bedford and Monica Taylor to the Australian Productivity Commission in relation to the Draft Report on Access to Justice Arrangements
Response or Comment
Summary of major points In our view:
1. A multi-faceted approach to vexatious litigants that is re-focused onto 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 litigation restricting consequences.
3. Following the experience in Queensland, the advantages in a publicly available and searchable register of orders against vexatious litigants outweigh the disadvantages (which with appropriate care can be managed).