NEW LAWS TO STOP LEGAL HARASSMENT

The Iemma Government will legislate to make it easier to stop people abusing
the court system as a way of victimizing others with unmeritorious law suits,
Attorney General John Hatzistergos announced today.
"Courts are there to administer justice and help people to resolve their
disputes," Mr Hatzistergos said.
"They are not for people to misuse by harassing, intimidating or embarrassing
other people.
Mr Hatzistergos said people known as ‘vexatious litigants' will be stopped
using the courts to harass innocent parties.
"If people abuse the system we need to make it easier for judges to banish
them from courtrooms, freeing up the justice system and protecting the good
citizens of this State."
"I have great sympathy for innocent people who find themselves the target of
legal action which is clearly a hopeless case, or has an ulterior motive."
Mr Hatzistergos said some court abusers had brought more than 100 each
and cost their unwitting opponents millions in legal costs.
He said the new law will make it easier to declare someone a vexatious
litigant, by only requiring that a person has used the courts "frequently".
"Anyone who feels they've been the victim of someone misusing the courts
will be able to apply to have them made a vexatious litigant," said Mr
Hatzistergos.
He said the Attorney General, the Solicitor General and the Registrar of the
court could make an application to declare someone a vexatious litigant.
Anyone with an interest in the matter can also make an application if they
have the leave of the court.
As well as the Supreme Court, the Land and Environment Court and the
Industrial Relations Commission will also be able to make vexatious litigant
orders against people commencing proceedings in their jurisdictions.
Mr Hatzistergos said forensic psychiatrists believed some vexatious litigants
suffered from a disorder known as "querulous paranoia."
"That's why I am asking the heads of the courts to consider the issue of
developing protocols, for courts to refer vexatious litigants to mental health
treatment where appropriate."
Mr Hatzistergos said that when draft legislation had been prepared it would be
sent to the heads of the courts and the legal profession for their comments.
The new law will bring NSW in line with national model laws adopted by
Queensland, Western Australia and the Northern Territory. South Australia
and Tasmania are considering similar laws.
The law will mean that someone who has been declared a vexatious litigant
will have to seek leave of the court before being allowed to start any
subsequent legal proceeding.