The legislation broadens the court's scope when assessing litigation abuse
Legislation aimed at protecting victims from litigation abuse in family court proceedings has passed through parliament, Justice Minister Paul Goldsmith announced.
The new law strengthens the courts' ability to identify and address instances where legal proceedings are misused to harass or control individuals.
"Going through the Family Court is already a stressful experience for many. This is only compounded when someone engages in litigation abuse, using the court system to control, harass, and contact their victim," Goldsmith stated.
The legislation broadens the court’s scope when assessing litigation abuse, requiring it to consider conduct both within and outside of family proceedings. If a court determines that litigation abuse has occurred, it will have the authority to issue an order restricting the party from initiating or continuing proceedings without prior court approval. These orders will typically last for up to three years but may extend to five years in extraordinary circumstances.
Goldsmith emphasised that the new measures strike a balance between protecting victims and maintaining access to justice. "This will provide better access to protections for victims while still ensuring there is appropriate access to court," he said.
Under the previous legal framework, victims of litigation abuse had to meet a high threshold to access statutory protections. The law primarily focused on specific types of documents and proceedings rather than recognising broader patterns of abuse. According to Goldsmith, this approach did not always align with the complexities of family proceedings, particularly in cases involving family violence.
"We are sending a clear message that our courts are there to resolve genuine disputes. They are not a tool to prolong conflict, harass, harm, or abuse," Goldsmith added.
The legislation is part of the government's broader initiative to reduce crime, with a goal of 20,000 fewer victims of violent crime by 2029 and a 15% reduction in serious repeat youth offending.
