Barlow v Law Society of the ACT

Barlow appealed to the Supreme Court of the Australian Capital Territory against a decision of the Law Society of the ACT. The dispute concerned an application by Barlow to have himself declared a vexatious litigant.

The primary legal issue before Elkaim J was whether Barlow's application to be declared a vexatious litigant was a proper one, and whether the Law Society had acted appropriately in opposing it. The court was required to consider the criteria for declaring an individual a vexatious litigant and the role of the Law Society in such proceedings.

Elkaim J reasoned that the applicant had not met the threshold for being declared a vexatious litigant. The court found that the applicant's conduct, while perhaps persistent, did not demonstrate a pattern of litigation that was an abuse of process or that was without reasonable grounds. The court also considered the Law Society's position and determined that their opposition to the application was justified given the circumstances. The appeal was dismissed.