Putting an end to Litigation: Vexatious litigants & harmful proceedings/banning orders

Putting an end to persistent litigation, particularly when one party repeatedly initiates proceedings, presents an ongoing challenge for the courts. Traditional mechanisms for restraining vexatious litigation are often difficult to obtain, requiring a high evidentiary threshold and extensive procedural steps. However, recent developments in both England & Wales and Australia have introduced new legal tools—such as barring orders and harmful proceedings orders—that shift the focus from the conduct of the litigant to the impact on the respondent. These measures appear to lower the bar for intervention and offer a more victim-centred approach. Join us to discuss a comparison of the legal frameworks and practical application of these orders in both jurisdictions, examining whether they are effective in curbing abusive litigation and providing meaningful relief to those affected.

Moderator: Jacky Campbell (Australia)

Speaker: Alex Verdan KC (England & Wales) and William Sloan (Australia)