Handbook for Judicial Officers
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Unrepresented, querulant and vexatious litigants
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
Further references on unrepresented/querulant and vexatious litigants