Australian Capital Territory Current Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COURT PROCEDURES RULES 2006 - REG 425

Pleadings—striking out

    (1)     The court may, at any stage of a proceeding, order that a pleading or part of a pleading be struck out if the pleading—

        (a)     discloses no reasonable cause of action or defence appropriate to the nature of the pleading; or

        (b)     may tend to prejudice, embarrass or delay the fair trial of the proceeding; or

        (c)     is frivolous, scandalous, unnecessary or vexatious; or

        (d)     is otherwise an abuse of the process of the court.

Note 1     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)).

Note 2     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

Note 3     Rule 6901 (Orders may be made on conditions) provides that the court may make an order under these rules on any conditions it considers appropriate.

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

    (3)     If the court makes an order under this rule, it may also make any other order it considers appropriate, including, for example—

        (a)     if the court makes an order under subrule (1) (a)—an order staying or dismissing the proceeding or entering judgment; and

        (b)     an order about the future conduct of the proceeding.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback