The Federal Circuit and Family Court of Australia, particularly in high conflict matters, has strict powers to prevent misuse of the legal processes.

It is not uncommon in Family Law matters for one party to consider making repeated applications to the Court. However, it is important to understand that the Court has powers to prevent misuse of the legal process. The Family Law Act gives the Federal Circuit and Family Court of Australia the power to make a Harmful Proceeding Order or a Vexatious Proceeding Order. These Orders are designed to protect parties and children from ongoing and unnecessary litigation.

What are Harmful Proceedings?

Proceedings may be considered harmful if bringing further applications would cause harm to another party or child involved in the matter. Harm is broadly defined and may include:

• Psychological harm or oppression;
• Significant emotional or mental distress;
• A negative impact on a party’s ability to care for a child; or
• Financial harm.

When determining whether proceedings are harmful, the Court may consider:

• The history of the matter;
• The number and frequency of applications made;
• The conduct of the party in commencing proceedings; and
• The cumulative effect of the litigation on the other party or child.

What is a Vexatious Proceeding?

A proceeding may be considered vexatious where it involves a misuse of the Court process. This can include:

• proceedings that are an abuse of the process of a Court or Tribunal; and
  • the proceedings have been brought to harass or annoy, to cause delay or detriment, or for another wrongful purpose; and
  • the proceedings have been brought without reasonable ground; and
  • the proceedings have been conducted in a way so as to harass or annoy, cause delay or detriment, or achieve another wrongful purpose.

What happens if the Court is satisfied that a Harmful Proceedings Order is appropriate

Once a Harmful Proceedings Order has been made, the person the Order has been made against has restrictions about bringing further application before the Court and that person would need to seek leave of the Court for the Court to make a determination.

Case Example

A recent example in the Fowles & Fowles (No 10) [2025] FedCFamC1F 563.

In that case, the Husband sought to restrain the Wife’s legal representatives from acting for her. He was required to seek the Court’s permission to bring the application.

The Court refused leave. In doing so, it considered:

• the history of the proceedings, including multiple contraventions of final Orders by the Husband;
• the fact that he had filed numerous Interlocutory Applications seeking procedural relief and sanctions; and
• that the Application lacked merit and fell within the definition of vexatious proceedings.

The Court also found that the alleged conflict (arising from a Solicitor changing firms) had no real impact on the issues in dispute.

Key Takeaway

It is important to give consideration to whether you have grounds to commence proceedings and that you are bringing proceedings for a proper purpose, failing to do so may result in either a Harmful Proceeding Order or Vexatious Proceeding Order being made against you placing restrictions on the main in which you can bring further applications.