In April 2008 the Victorian Parliament Law Reform Committee released an issues paper calling for public submissions into its inquiry on vexatious litigants. The terms of reference for this inquiry included an examination of the efficacy of current vexatious litigant legislation. Since 1928 only 14 people have been declared vexatious litigants in Victoria.
The Centre, together with the Public Interest Law Clearing House, provided a Joint Submission to the Vexatious Litigants 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 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.
PILCH and the HRLRC recommendations included the following:
- 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;
- the provision the of comprehensive and ongoing training to Judges and court staff in relation to dealing with self represented litigants, including those who have mental health issues, are difficult or vexatious; and
- an increase in government funding for legal aid assistance, 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.
