Shelley J

3.68: Court options to deal with significant deficiencies
7.3: Summary Judgment (Application and decision)

Case Summary

In prolonged divorce proceedings, which culminated in a Trial, the parties appeared before the Court to deal with the division of the remaining matrimonial property. Justice Shelley examined the Plaintiff’s litigation strategies in detail and noted that the Plaintiff conducted the litigation in a vexatious manner. Her Ladyship made it clear that the Plaintiff’s questionable litigation history and tactics were an important factor to consider in dividing the remaining matrimonial property. Shelley J. noted that the common law and the Rules of Court provide a number of tools to manage problematic litigation, including Rules to strike out pleadings (Rule 3.68) and Orders for Summary Judgment (Rule 7.3); as well as restrictions on filing or continuing litigation such as a vexatious litigant declaration, and the broad common law authority of the superior Courts to control their own processes.

Justice Shelley reviewed the parties’ assets and liabilities, and divided the matrimonial property accordingly. Her Ladyship also ordered that the parties appear again in order to determine whether the Plaintiff should be declared a vexatious litigant.

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