Overview

Litigant Abuse is when a person uses the court process to harm, harass or wear down another party. It can include actions intended to annoy or psychologically abuse someone, and it can involve series of behaviours, that in their own right might seem minor but together form a harmful pattern.

If the Family Court, District Court, High Court or Court of Appeal determines that a party to a family proceeding has engaged in litigant abuse, the court may issue an order requiring that party to obtain the court’s approval before commencing new proceedings or taking further steps in any existing or related proceedings.

The Victims of Family Violence (Strengthening Legal Protections) Legislation Act 2025 defines litigant abuse as abuse of another party to the proceedings, and -

(a) includes conduct that is intended to annoy, harass, or harm that other party, or that amounts to psychological abuse; and

(b) may include a number of acts that form part of a pattern of behaviour (even if all or any of those acts, when viewed in isolation, appear to be minor or trivial).

Duration of Litigant Abuse Order

An order will usually last for up to three years but can be extended to five years in extraordinary circumstances.

When a Litigant Abuse Order can be made

Most Litigant Abuse Orders will be made in the Family Court. The District Court, High Court and Court of Appeal can also make these orders when dealing with family proceedings under the specified Acts (for example, when matters are on appeal to the High Court from the Family Court).

The orders are only available in proceedings brought under the following specified Acts:

• The Status of Children Act 1969.
• The Domestic Actions Act 1975.
• The Property (Relationships) Act 1976.
• The Family Proceedings Act 1980.
• The Child Support Act 1991.
•  The Care of Children Act 2004.
• The Family Violence Act 2018.

These orders may be made in relation to proceedings that commenced on or after 17 February 2026, as well as proceedings that commenced before that date but have not been finally determined. However, when deciding whether to make an order, the Judge must only consider a party’s conduct occurring after 17 February 2026.

How Litigant Abuse Orders are made

A party to a proceeding under one of the specified Acts (listed above) can apply for a Litigant Abuse Order.

Alternatively, a judge can also impose a Litigant Abuse Order on their own initiative if they are satisfied that a party to a proceeding has exhibited conduct that is litigant abuse.

How to apply for a Litigant Abuse Order

If you are a party to a proceeding under one of the specified Acts (listed above) you can apply for a Litigant Abuse Order.

You can file in the:

• Family Court by completing a General Interlocutory Application On Notice – Form G20(external link) and may choose to file an affidavit(external link) in support.
• District Court by completing a General Interlocutory Application On Notice – Form 17 [DOCX, 54 KB] and an affidavit [DOCX, 40 KB] in support.
• High Court by completing a General Interlocutory Application On Notice – Form G31(external link) and an affidavit [DOC, 33 KB] in support.

While there is a provision for a Litigation Abuse Order to be made in the Court of Appeal, it can only be imposed by judge. You cannot apply for a Litigant Abuse Order in the Court of Appeal.

How to respond to an application for a Litigant Abuse Order

The respondent (person who the application is against) can oppose the application.

• Family Court by completing a Notice of Opposition and an affidavit(external link) in support. There is no prescribed form for the Notice of Opposition.
• District Court by completing a Notice of Opposition – Form 19 [DOCX, 56 KB] and an affidavit [DOCX, 40 KB] in support.
• High Court by completing a Notice of Opposition – Form G33(external link) and an affidavit [DOC, 33 KB] in support.

The respondent must file and serve their notice of opposition and affidavit within 10 working days after receiving the application, or three working days before the hearing, whichever occurs first.

How to seek leave (approval) from the court to commence or continue proceedings

Once a Litigant Abuse Order is in place, the person subject to the order must obtain the court’s approval before starting or continuing any family proceedings. Leave can be sought in the:

• Family Court by filing a General Interlocutory Application On Notice – Form G20 [PDF, 20 KB] or General Interlocutory Application Without Notice - G21 [PDF, 20 KB]. An affidavit is not required but the court or a Registrar may direct evidence to be filed. 
• District Court by filing an Interlocutory Application Without Notice – Form 18(external link), with an affidavit [DOCX, 40 KB] in support.  
• High Court by filing a General Interlocutory Application Without Notice – G32(external link), with an affidavit [DOC, 33 KB] in support.  

If a judge grants leave to a person subject to a Litigant Abuse Order to take further steps or commence a new proceeding, they may only take the specific steps approved by the Judge, and the original Litigant Abuse Order otherwise remains in full effect.

Appeals

A party may appeal a judge’s decision to make, or refuse to make, a Litigant Abuse Order. Decisions of the Family Court and District Court may be appealed to the High Court. High Court decisions may be appealed to the Court of Appeal and may then be appealed further to the Supreme Court (with the leave of the Court of Appeal).