Abuse of Process

Published by Geoff Harrison | 26 October 2023

In Rogers v The Queen (1994) 181 CLR 251; [1994] HCA 42, McHugh J described abuse of process, at 286:

“Inherent in every court of justice is the power to prevent its procedures being abused. Although the categories of abuse of procedure remain open, abuses of procedure usually fall into one of three categories: (1) the court's procedures are invoked for an illegitimate purpose; (2) the use of the court's procedures is unjustifiably oppressive to one of the parties; or (3) the use of the court's procedures would bring the administration of justice into disrepute. Many, perhaps the majority of, cases of abuse of procedure arise from the institution of proceedings.”

Other Sources:

• Civil Trials Bench Book: Abuse of Process

Cases:

• R v Fleming (Costs) [2023] NSWSC 1258 at [40]

• Rogers v R [1994] HCA 42 at [21]

• Jago v District Court of NSW [1989] HCA 46

• Dupas v The Queen [2010] HCA 20

• Moti v The Queen [2011] HCA 50 at [57]

• DPP v Johanes SHIRVANIAN [1999] NSWSC 53

• Walton v Gardiner [1993] HCA 77

• Williams v Spautz [1992] HCA 34

• Dietrich v R [1992] HCA 57

• R v Hatfield [1999] NSWCCA 340

• R v Smith [No 1] [2011] NSWSC 725