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Unrepresented and vexatious litigants and sovereign citizens
Dealing with unrepresented litigants in lengthy and complex trials
Her Honour Judge Flannery SC
Introduction
Dietrich
Preliminary matters
The trial judge’s role
Bench Book
Should the Crown Prosecutor give a closing address?
Summing up
Giving the accused the assistance you consider is required
Querulous litigant
Managing litigants in person
The Honourable Justice E Kyrou
Non-querulant litigants in person
Querulant litigants in person without a mental illness
Mentally ill litigants in person
Inappropriate communications
The querulant litigant
Dr G Lester
Understanding the vexatious litigant
Managing the persistent complainant
Responding to unreasonably persistent litigants
Mr C Wheeler
Introduction
What is the experience of courts and complaint handlers
?
Who complains
?
Categorisation of unreasonable conduct by complainants
What are the possible causes of or motivations for such conduct
?
What can be expected as a conflict escalates
?
How do differing perceptions complicate problems caused by unreasonable conduct
?
What are the detrimental impacts of such conduct
?
What strategies are available to courts to deal with unreasonably persistent litigators
?
What were the problems with the Vexatious Proceedings Act 2008
?
Is there a better approach
?
What options should be available for courts to manage unreasonably persistent litigants
?
Conclusions
Self-represented litigants: tackling the challenge
The Honourable Mr J Faulks.
Introduction
The challenge of the self-represented litigant
Tackling the challenge
Making them lawyers
Changing the system
Conclusion
Sovereign citizens: ideology, impacts and judicial responses
The Honourable Peter Johnson SC
Introduction
Pseudolaw arguments in Australia up to 2020
Proceedings since 2020 — ballooning sovereign citizens arguments
Consideration of some issues concerning the sovereign citizen phenomenon
Will the sovereign citizen tide recede?
What do judicial officers need to know about sovereign citizens
?
Professor Michele Pathé
Introduction
Origins
Prevalence
Sovereign citizen ideology
Other identifiers
Offences and risks
Court behaviours
Practical strategies for dealing with sovereign citizens
Conclusions
Further references on unrepresented and vexatious litigants and sovereign citizens