Type:	Journal Article
Title:	Domestic violence and abuse of process
Other Titles:	Australian Family Lawyer
Authors:	Paxton, Belinda
Keywords:	Family law;Perpetrators;Legal issues;Legislation analysis
Year:	2003
Publisher:	Family Law Section - Law Council of Australia
Citation:	17 (1), Spring 2003
Notes:	Article is adapted from a presentation to the National Association of Community Legal Centres Conference in Perth Examines the legislative concept of vexatious litigation and its relevance for victims of domestic violence, specifically in Family Court proceedings. Section 118 of the Family Law Act 1975, which enables the court to dismiss proceedings, vary or discharge orders where it is satisfied a frivolous or vexatious claim has been made, is explained and the manner in which courts have interpreted the various limbs of the provision is reviewed. The potential for recent reforms aimed at encouraging shared parenting arrangements to heighten the risk of vexatious litigation where domestic violence is an issue is debated and the need for further research into the nature and use of vexatious litigation in Family Court proceedings is highlighted. The necessity of a more consistent approach to vexatious litigation by the courts is also suggested.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/14301
ISSN:	0817-6531
Appears in Collections:	Journal Articles

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