Registrar of the Supreme Court v Jenkins

In the Supreme Court of the Northern Territory, the Registrar brought proceedings against Jenkins under the Vexations Proceedings Act 2006 (NT), alleging that Jenkins was a vexatious litigant. The Registrar sought orders prohibiting Jenkins from instituting proceedings in the Supreme Court and the Local Court without leave of the Supreme Court. The central legal issues were whether Jenkins had instituted or conducted vexatious proceedings, and if the evidence from previous proceedings was admissible under the Evidence (National Uniform Legislation) Act 2011 (NT).

The court found that Jenkins had indeed frequently instituted vexatious proceedings, satisfying the criteria outlined in section 2 of the Vexations Proceedings Act 2006 (NT). The court noted that Jenkins had commenced 72 proceedings in the Supreme Court and the Local Court, many of which were found to lack merit, were oppressive, or were pursued for improper purposes. Furthermore, the court held that evidence from previous proceedings involving Jenkins was admissible under section 91 of the Evidence (National Uniform Legislation) Act 2011 (NT). The court reasoned that the prohibition in section 91 did not apply to the admission of evidence in vexatious litigant proceedings, and such evidence was critical to establishing Jenkins’s pattern of vexatious behaviour.

In light of the evidence and findings, the Supreme Court made orders prohibiting Jenkins from instituting proceedings in the Supreme Court and the Local Court without leave. This decision aimed to protect the courts and other litigants from the undue burden Jenkins's vexatious conduct imposed. The court emphasised the importance of ensuring that the administration of justice was not undermined by such behaviour.