The Family Court can restrict a person from starting or continuing to bring civil cases which are unwarranted or meritless. Any party to a family proceeding can ask the court to use its power under the Family Court Act, District Court Act or Senior Courts Act to grant an order requiring the other party to seek the approval of the court to take any further steps in existing or new family proceedings.

When made by the Senior Courts, an order may require the restrained party to also obtain leave to bring appeals under specified Acts and Judicial Review. An order will last for up to three years, or up to five years if there are exceptional circumstances.

To make an order, the court must be satisfied the party has shown conduct that is litigant abuse. This specifically includes conduct intended to harass, annoy, harm, or psychologically abuse another party. In deciding whether to make an order, the court must consider all the circumstances, including behaviour outside of court.

In addition to this power there are also:

  • Targeted protections under specific pieces of legislation. These limit proceedings about a specific subject.
  • General protections that stop new proceedings. These can be used where the person has made two or more applications, and those applications are “totally without merit”.
  • Inherent powers of the court to control existing proceedings. Inherent powers mean that judges can make an order that prevents further applications in existing proceedings without the leave of the Court.

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