New Law to Stop Abusive Use of Court processes in family proceedings
Some people misuse the court system not to solve real disputes, but as a tactic to harass, control, or intimidate others. This is called litigation abuse. It can include filing relentless legal documents, making false claims or allegations against another party, or dragging out cases to maintain control, often over a former partner. This is especially harmful in family proceedings, where ex-partners may be in a high degree of emotional conflict, there may be a history of family harm between them, and where children can be affected by the legal processes and acrimony between their parents.
The new law gives courts the ability to identify when litigation abuse is occurring, and to stop parties from engaging in such conduct in family proceedings.
The new law comes into force in February 2026.
The Problem
Courts exist to help people get fair outcomes in legal matters. However, in some cases, instead of resolving issues, the system can be intentionally misused to keep parties trapped in ongoing legal battles. This can cause serious emotional and financial harm, preventing victims from moving on with their lives.
What the New Law Does
The new law strengthens court powers to stop litigation abuse tactics. Changes to the Family Court Act, District Court Act, and Senior Courts Act allow judges to block abusive legal actions in family matters. If a judge finds a party is misusing the court system, they can require that person to get special permission from the Court before taking any further legal steps in the proceedings.
These protections apply to key family proceedings, including:
- Disputes over childcare arrangements
- Dividing property after a relationship ends
- Applications for protection orders
- Other family law proceedings in the District Court and Senior Courts.
What the Law Doesn’t Cover
While these changes apply to family law cases, they do not cover all types of court proceedings. If someone tries to use civil, employment, or other legal proceedings to harass a former partner, the courts may not have the same express power to intervene.
However, these changes are an important step in making sure that family proceedings are conducted fairly and not used as a tool for further abuse.
This new law helps courts focus on genuine issues in disputes, whilst protecting people from being pulled through unnecessary legal battles.
If you need assistance with a Family law issue, feel free to contact Joanne or Ruth from our Family Team for a confidential discussion.