Frivolous, vexatious or without reasonable prospect of success

A claim may be considered frivolous, vexatious or without reasonable prospect of success if it has no merit (is very unlikely to succeed) or has been made even though it doesn’t satisfy certain eligibility criteria. If a court or commission finds that a claim is frivolous, vexatious or without reasonable prospect of success, a costs order may be made, even where costs are not generally awarded.