The courts will soon have a new tool to combat instances where people use Family Court proceedings to harass, annoy, harm, or psychologically abuse another person.
The Victims of Family Violence (Strengthening Legal Protections) Legislation Act 2025(external link) received Royal Assent from the Governor-General, Dame Cindy Kiro, on 17 February 2025. It will come into effect on 17 February 2026, or earlier by Order in Council.
The Act gives the courts a new statutory tool to protect parties in family proceedings from being abused through the court process. It provides better access to protections for victims, while ensuring there is still appropriate access to the courts.
Under the new provisions, the court must take a broad view of conduct both in and out of court proceedings to determine whether someone’s behaviour is litigant abuse. The Act defines litigant abuse as using the court system to harass, annoy, harm, or psychologically abuse another person.
If the court is satisfied that litigant abuse has occurred, it can make an order requiring the party to seek leave of the court before taking further steps in new or existing proceedings. An order will usually last for up to three years but can be extended to five years in extraordinary circumstances.
The Bill was introduced in 2023 but was carried over into the new Parliament in 2024 and has received unanimous bipartisan support through all its parliamentary stages.
Litigation abuse(external link)