What Is a Vexatious Litigant in Family Law? | Moran Family Law

If you are involved in family law proceedings, you may have heard the term "vexatious litigant". It sounds dramatic, and in the wrong context, it can be. But what does it actually mean under Australian family law, and when might it apply to you?

The Family Law Act 1975 (Cth) (Family Law Act) sets out a specific legal framework for dealing with vexatious proceedings. The starting point for understanding this regime is the definition of "vexatious proceedings" in section 102Q(1) of the Family Law Act.

The legal definition

Section 102Q(1) of the Family Law Act sets out four categories of conduct that will be captured. Vexatious proceedings include:

1. Proceedings that are an abuse of process. An abuse of process can include using the court system for a purpose it wasn't designed for.

2. Proceedings started to harass, annoy, delay, or cause detriment or for another wrongful purpose.

3. Proceedings started or continued without reasonable grounds. Essentially, this means starting proceedings with no genuine legal basis.

4. Proceedings conducted in a harassing, delaying, or otherwise wrongful way. If proceedings that may have commenced legitimately are later conducted in a way that is designed to harass, delay, or cause detriment to the other party, that conduct can still be captured.

Why this distinction matters

Family law disputes are often high-conflict and emotionally charged, and it's not unusual for one party to feel the other is ‘just trying to wear them down.’ The vexatious proceedings regime in the Family Law Act exists to draw a line between genuine (even if difficult) litigation, and litigation that has tipped into misuse of the court process.

The practical trigger point sits in section 102QB of the Family Law Act which allows a court to make a "vexatious proceedings order" where a person has frequently instituted or conducted vexatious proceedings (as defined above), or acted in concert with someone who has.

What can happen if someone is found to have engaged in vexatious proceedings?

Where the court is satisfied the threshold is met, it has a range of options under s102QB(2) of the Family Law Act including:

• Staying or dismissing existing proceedings brought by that person;

• Prohibiting the person from starting new proceedings (or certain types of proceedings) without the court's leave; and

• Making any other order the court considers appropriate for example, requiring documents to be filed only by mail, or ordering security for costs.

It is important to note that the Court must not make a vexatious proceedings order in relation to a person without hearing from the person or giving the person an opportunity to be heard.

A recent example: Wynn [2026] FedCFamC1A 131

A recent Full Court decision, Wynn [2026] FedCFamC1A 131, shows how this framework plays out in practice and just how high the bar is once someone has been declared a vexatious litigant.

The case had a long history. The parties separated in 2019 after a serious incident, and the litigation that followed spanned more than six years including multiple trial adjournments, multiple applications for the trial judge to recuse himself, contempt applications against the mother and the Independent Children's Lawyer, five notices of appeal filed within a single month, two earlier Full Court appeals, and an unsuccessful special leave application to the High Court.

When final orders were made on 1 May 2026 which comprised a property division favouring the mother, parenting orders limiting the father to cards on special occasions only, and no other time or communication with the children, the Court also made a vexatious proceedings order against the father.

The father sought to appeal that decision. However, because he was already subject to a vexatious proceedings order, the father first needed the court's leave under s102QE before he could even file his appeal against the final orders.

The Full Court refused to grant leave to the father. It held that none of the father’s eight proposed grounds of appeal had merit, and that the proposed appeal was itself "vexatious" within the meaning of s102Q(1) because it contained no reasonable grounds.

The Court was also unimpressed by grounds that simply recycled earlier, already-dismissed complaints, and by submissions that ranged into irrelevant material rather than addressing the actual orders under appeal.

In doing so, the Court confirmed an important point about how these applications are assessed: leave can only be granted if the Court is positively satisfied the proposed proceedings are not vexatious.

Why this is relevant to separating families

For many people going through separation, the family law system already feels overwhelming. The vexatious proceedings regime is there to protect the integrity of that system and, importantly, to protect individuals from being dragged through repeated, unmeritorious litigation using the Court as a tool of control rather than a means of genuine dispute resolution.

Whether you're concerned about vexatious conduct by the other party, or you want advice on how to keep your own proceedings on solid ground, Moran Family Law can help. As an Accredited Specialist in family law, Ashleigh Moran advises clients across complex property and parenting disputes, including matters where litigation conduct itself has become part of the problem.

Disclaimer: This article is for general information only and does not constitute legal advice. Every family situation is different. If you need advice about your specific circumstances, you should speak to a family lawyer. You can contact Moran Family Law for advice tailored to your situation.