Harmful Proceedings

Padgett [2025] FedCFamC1A 140 involved proceedings in both the Magistrates Court of Western Australia and the Family Court of Western Australia where a ‘Harmful Proceedings’ Order had been made against the Applicant, Ms Padgett.  Prior to May 2024 this was quite commonly referred to as the litigant having been declared a vexatious litigant and was generally the result of a litigant having filed multiple proceedings which were, quite often, doomed from the outset. 

Since 6 May 2024 Section 102QAC of the Family Law Act (‘FLA’) has provided for the making of a ‘harmful proceedings order’ which prohibits a party from commencing any proceedings without leave the Court, thereby requiring the filing of an Application in a Case or, in this instance, an Application in an Appeal.  This amendment to the FLA came about upon the recognition that such conduct could be considered a form of family violence.

The Applicant in this matter was the mother of two children, who, by the time of this decision, were close to aging out of the system.  There had been a number of prior proceeding and Orders as follows:

March 2021 – final property and parenting orders made on an undefended basis as the applicant did not participate.  At that time the children were to live on an equal time basis.  The applicant appealed but then discontinued that appeal but then filed a new application in February 2022.

November 2023 – final parenting orders made providing for the children to live with the respondent and spend time with the applicant pursuant to their wishes.  The applicant was refused and extension of time to file an appeal.

October 2024 – the applicant attempted to file a new Initiating Application in respect of parenting but it was summarily dismissed by the Registrar.

February 2025 – the applicant filed an Initiating Application seeking both parenting and property orders.  It is highly likely that it was not summarily dismissed as a result of the inclusion of property orders.

14 July 2025 – the Magistrate made the harmful proceedings order against the applicant and on 4 August 2025 she filed an Application in an Appeal, seeking leave to appeal against that Order.

8 August 2025 – His Honour, Austin J, in Division 1 of the FCFCoA, found that none of the grounds of appeal had any reasonable prospect of success and that the intended appeal was a ‘vexatious proceeding’.  The application in an appeal was dismissed.  Notably, the Initiating Application in respect of property orders remained on foot as it was not dismissed by the Magistrate and was not subject to the harmful proceedings order.