What is a Harmful Proceedings Order?
A Harmful Proceedings Order (HPO) is a powerful legal safeguard under the Family Law Act 1975 (Cth), designed to put a stop to people using the court system as a weapon.
When someone files court applications again and again, not to resolve genuine disputes, but to intimidate, delay, or wear down the other party, an HPO can draw the line.
This type of order targets what's known as litigation abuse or abuse of process.
Think of it as the court saying, "Enough is enough" to vexatious or harmful conduct like repeated, baseless filings that cause stress, financial strain, or emotional harm.
HPOs are issued by the Federal Circuit and Family Court of Australia (FCFCOA) and are governed by Sections 102QB and 102QAC of the Family Law Act.
At Unified Lawyers, we frequently assist clients who are caught in these exhausting legal loops. We act fast to protect your rights, stop the abuse, and restore balance to the legal process.
Examples of Harmful or Frivolous Proceedings
Some examples of conduct that may trigger an HPO include :
- Repeated filing of parenting or property applications on the same issue despite court rulings.
- Contravention applications without evidence or legal merit.
- Filing urgent applications to disrupt the other parent's life without genuine urgency.
- Using court proceedings to continue coercive control after separation.
Case example :
In F v M [2023], the father lodged five applications in two years seeking to vary parenting orders with no change in circumstances.
The court found the behaviour to be vexatious and harmful to the children's welfare.
When Is a Harmful Proceedings Order Used?
A Harmful Proceedings Order isn't made lightly, but when the court sees a clear pattern of legal abuse, it has the power (and the responsibility) to intervene.
You might be dealing with this type of situation if the other party :
- Keeps filing applications over the same issues, even after the court has ruled on them.
- Uses the court process as a weapon, not a tool for justice creating delay, fear, or disruption for the other side.
- Engages in legal harassment filing complaints, applications, or contraventions that have little or no merit, just to cause stress or wear someone down.
The key test is not just what the person intended to do it's what their behaviour actually causes.
The law now looks at the practical impact of repeated litigation on the other party and on the children involved.
That could mean emotional harm, financial pressure, or ongoing instability.
The Family Law Amendment Act 2023 sharpened this focus even further.
It made it easier for courts to recognise and act on patterns of harmful behaviour, particularly in high-conflict parenting matters or cases where one party is using the system to control or intimidate the other.
In short, an HPO is used when the court decides it's time to draw a line, and prevent the family law process from being twisted into a form of abuse.
How the Court Assesses Harm or Disruption
When deciding whether to issue a Harmful Proceedings Order, the court doesn't just count the number of applications it digs deeper into the pattern and impact of the behaviour. Key things the court considers include:
- Volume and frequency : Has the person made multiple applications in a short time? Even if some were technically allowed, a high volume may suggest strategic misuse.
- Repeat content : Are the issues being raised ones that the court has already ruled on? Re-litigating settled matters is a red flag.
- Consequences for others : The court closely examines whether the repeated applications have caused emotional distress, financial pressure, or psychological strain, especially when children are involved.
- Intent and tactics : Is litigation being used to delay, harass, or control the other party? The court looks for signs of manipulation, like filing urgent applications before holidays or hearings intended to trigger anxiety.
The court may also take into account prior judicial warnings, cost orders, or comments in earlier decisions that flagged concern about vexatious or harassing behaviour.
These factors can demonstrate an ongoing pattern and justify protective intervention.
Impact on the Other Party
Litigation isn't just paperwork it's emotionally charged, financially demanding, and can be deeply destabilising for families.
The court recognises that harmful proceedings have serious, lasting consequences:
- Financial strain : Legal fees pile up quickly when someone is forced to keep responding to meritless claims.
- Mental health effects : Ongoing disputes can lead to heightened anxiety, insomnia, and feelings of helplessness.
- Parenting stress : Constant court involvement disrupts co-parenting efforts and creates tension that children inevitably absorb.
- Safety concerns : In cases involving family violence, the court process itself can be weaponised -, , a form of legal abuse that prolongs the survivor's trauma and control dynamics.
That's why the court doesn't just focus on the legal paperwork. It listens to the broader story, and if that story shows harm, it has the power to step in.
How to Apply for a Harmful Proceedings Order
If you're caught in a loop of relentless, baseless court filings, it's time to consider taking legal action to stop the cycle.
A Harmful Proceedings Order (HPO) gives you the power to shut down litigation abuse and regain control of your life.
Who Can Apply
You don't need to wait until the damage is severe.
Applications can be made by :
- A party involved in the current proceedings usually a parent, carer, or other litigant directly affected.
- Their legal representative acting on their behalf.
- An Independent Children's Lawyer (ICL) where children's interests are at risk.
- The Court itself in some cases, the judge may act on their own motion if a pattern of harm is obvious.
Application Process : Step-by-Step
- Complete the official application form under the Family Law Rules. Make sure it clearly states you're seeking an HPO.
- Prepare a detailed affidavit this is your evidence. Include a full history of previous proceedings and explain why the pattern amounts to harm or misuse.
- File the documents at your local registry of the Federal Circuit and Family Court of Australia (FCFCOA).
- Serve the application on the other party giving them formal notice and the chance to respond.
A lawyer can help ensure the paperwork is airtight the stronger your evidence, the better your chances of success.
Required Evidence and Documentation
This isn't just a 'he said, she said' situation. The court needs concrete proof.
Useful evidence includes :
- A chronological list of past proceedings, including dates, issues raised, and outcomes.
- Court judgments or transcripts that show repeat applications on the same matters or judicial comments about conduct.
- Medical reports, therapist letters, or affidavits showing stress, anxiety, or health issues caused by litigation.
- Invoices or financial records demonstrating the cost burden.
- Any prior cost orders or formal warnings the court has issued.
The more detailed and specific your evidence, the more persuasive your case.
What Happens After a Harmful Proceedings Order Is Granted?
If the court agrees that an HPO is necessary, the other party can no longer file new family law applications without getting permission (leave) from the court first.
This doesn't completely shut the door it just installs a lock that only the court can open.
The person must show :
- That the new application isn't abusive or repetitive.
- That it raises new, legitimate issues with reasonable prospects of success.
- That it's in the best interests of the children (where relevant).
The court essentially acts as a filter to block further harm before it can begin.
Consequences of Violating a Harmful Proceedings Order
Trying to file a fresh case in breach of an HPO is a serious move and the court treats it that way.
Possible consequences include :
- Immediate dismissal of the application often without even hearing it.
- Adverse cost orders, which may require the offending party to pay the other side's legal costs.
Repeated violations not only undermine credibility but can also damage the party's ability to bring future applications, even when they might have merit.
Frequently Asked Questions
1. Can a harmful proceedings order be revoked?
Yes. A party can apply to revoke an HPO by demonstrating a genuine change in circumstances.
This could include a significant period without further proceedings, evidence of compliance with previous orders, or a new application that appears well-founded and reasonable.
The court must be satisfied that any future proceedings will not be harmful or abusive.
2. Is this the same as being declared a vexatious litigant?
No.
A specifically targets misuse of the family law process and requires court permission for further applications in that jurisdiction.
3. Does it stop the other parent from ever filing again?
Not permanently.
An HPO doesn't ban all future legal action it introduces a safeguard.
The person must seek the court's permission (leave) before filing any new application.
This ensures the application is reviewed before causing potential harm or distress to the other party.
4. Can I get one if there's only been one or two
applications?
Possibly. While the court typically looks for a pattern, it can also consider the seriousness or impact of even a small number of applications.
For example, a single, malicious or disruptive application that causes significant emotional or financial harm may justify an HPO if the court believes further abuse is likely.
5. Is there a time limit on harmful proceedings orders?
There's no fixed time limit. An HPO remains in effect until the court revokes or varies it.
This can be upon application or during a broader case review.
The person subject to the order must demonstrate that circumstances have changed and that any further applications will be responsibly made.
How Unified Lawyers can help
Dealing with repeated or harmful family law proceedings can be emotionally and financially draining.
Whether you're seeking protection from ongoing litigation abuse, need advice on applying for a Harmful Proceedings Order, or are responding to one, our experienced family law specialists can provide the expert guidance you need.
At Unified Lawyers, we understand how important it is to act quickly and strategically in these cases.
We draw on decades of experience, working closely with clients to prepare strong applications, gather compelling evidence, and present your case with clarity and compassion.
If you're facing vexatious or harassing court proceedings, get in touch with us today.
We'll help you take control of the situation and protect your legal rights and wellbeing.
Conclusion
Harmful Proceedings Orders are a vital legal tool to protect individuals and families from being dragged through unnecessary or abusive litigation.
If you believe you are caught in a cycle of repeated court applications, seeking early legal advice can help protect your rights and your peace of mind.
At Unified Lawyers, we combine legal skill with genuine care. Let us help you find a path forward.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
