Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 3566

    (1)     The court may, by order, stay or dismiss a judicial review application, or a claim for relief in a judicial review application, if the court considers that—

        (a)     it would be inappropriate—

              (i)     for the proceeding in relation to the application or claim to be continued; or

              (ii)     to grant the application or claim (including, for an application for a statutory order of review, because the title="A1989-33">Judicial Review Act

, section 8 (2) (b) (Effect of Act on other rights) applies); or

        (b)     the application is incompetent; or

        (c)     no reasonable basis for the application or claim is disclosed; or

        (d)     the application or claim is frivolous or vexatious; or

        (e)     the application or claim is an abuse of the court's process.

Note     The registrar may also reject a document that is filed if it does not comply with these rules (see r 6140 (Rejecting documents—noncompliance with rules etc) or if it is an abuse of the court's process or is frivolous or vexatious (see r 6142 (Rejecting documents—abuse of process etc)).

    (2)     A power of the court under this rule may be exercised at any time in the relevant proceeding but, in relation to the power to dismiss an application, the court must try to ensure that any exercise of the power happens at the earliest appropriate time.

    (3)     The court may make an order under this rule on application by a party to the proceeding or on its own initiative.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order.

    (4)     The court may receive evidence on the hearing of an application for an order under this rule.