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Blog Article

Vexatiousness

  • Australian Doof Society
  • Feb 18, 2016
  • 2 min read

Definition: difficult to ​deal with and ​causing ​anger, ​worry, or ​argument. In Law: vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary.

A single action, even a frivolous one, is not usually considered to be vexatious. Rather, a repeated pattern of frivolous actions is typically required to rise to the level of vexatious.

The following are some examples of common vexatious attitudes towards doofs.

Neighbours

Some residents are completey against doofs being held in their neighbourhoods and they will set out to have one shut down as soon as they get wind of it.

They will often confront the neighbour in question days before, demand cancellation and make threats to call authorities if their demands aren't met.

If the neighbour doesn't meet their demands, they will carry out their threats and begin calling Police and council.

If the doof goes ahead, they will make noise complaints. If the Police don't shut it down they will keep making noise complaints until their demands are met.

When the working week commences again, they will then call the council and demand legal action be brought against the neighbour in question. If the council doesn't give a satifactory response, they will call the media... and so on.

This is vexatious harrassment. It would be smart to document everything that transpires should legal action occur.

Police

Although parties are not illegal in Australia, some police are also completey against doofs being held in their area of jurisdiction and they will also set out to have one shut down as soon as they get wind of it. And, if it's not in their jurisdiction, they will ensure the relevant authorities are notified.

Before the party has even commenced, they will also confront the host in question and demand cancellation.

If demands aren't met they will often block access to prevent set up and/or implement road blocks to prevent guests from entering.

If the host asks any questions, they are completely ignored. If guests ask any questions, they are ignored too. And Police will stay put as long as neccessary to ensure their demands are met.

Should the party somehow go ahead, they may bring charges against the property owner and commence legal action.

This is also vexatious harrassment. Again, it would be smart to document everything that transpires should legal action occur.

Documentation

To prove harrassment is occuring, it is essential to document everything, no matter small. Instead of arguing or defending, start taking notes.

If you are not alone, get others to take notes too. If you must respond, write down your own responses as well to demonstrate you are/were trying to be reasonable. Be sure to record dates, times and the duration of each interaction.

When it comes time to respond to legal actions, this documentation should be entered into evidence in the proper manner. Whether you win or loose your case, it will remain on record for the next time you are harrassed.

Evidence of repeated harrassment resulting in legal action is 'vexatious litigation' and court judges have the power to prevent any further legal action from being raised against you in the future.

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