Review of the Vexatious Proceedings Act 2008

The NSW Attorney General is reviewing the Vexatious Proceedings Act 2008 pursuant to section 22 of the Act. The purpose of the review is to determine whether the policy objectives of the Vexatious Proceedings Act 2008 remain valid and whether the terms of the Act remain appropriate for securing those objectives.

The policy objectives of the Vexatious Proceedings Act 2008 are:

• to protect the fundamental right of citizens to approach the courts to seek justice in accordance with the law, and
• to preserve the efficiency of the justice system and shielding other participants in the justice system from unmeritorious actions.

The Act can be viewed at the NSW legislation website. The Department of Justice invited interested individuals and organisations to make written submissions to the review. Submissions are now closed.

Statutory Review

The NSW Department of Communities and Justice conducted a statutory review into the Vexatious Proceedings Act 2008, which can be read here. 

It was tabled in NSW Parliament on 31 May 2017.

Outcome

The Vexatious Proceedings Amendment (Statutory Review) Bill 2017 implements all recommendations from The 2017 Report of the Statutory Review of the Vexatious Proceedings Act 2008. The review concluded that the Act provides a sound framework for managing vexatious litigants. However, it recommended nine minor amendments to promote the efficacy of the Act, and to simplify and clarify its operation. The bill also includes savings and transitional amendments.