Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations28.01.1 If a plaintiff or applicant has not done any act required to be done by or under these Rules, or otherwise has not prosecuted a proceeding with due diligence, the Court or a Justice may:
(a) order that the proceeding be dismissed for want of prosecution; or
(b) fix a time for the doing of an act and, at the same time, order that upon non - compliance the proceeding shall stand dismissed for want of prosecution or, subsequently and in the event of non - compliance, order that it be so dismissed; or
(c) make any other order as may seem just, including as to the costs of the proceeding.
28.01.2 If a proceeding generally, or any claim in a proceeding:
(a) does not disclose a cause of action; or
(b) is scandalous, frivolous or vexatious; or
(c) is an abuse of the process of the Court; or
(d) has no reasonable prospect of success;
the Court or a Justice may stay the proceeding or a claim made in the proceeding or may give judgment in the proceeding or in relation to a claim made in the proceeding.
28.01.3 The Court or a Justice may make an order under rule 28.01.1 or 28.01.2:
(a) on application by a defendant or respondent on notice; or
(b) of the Court's or the Justice's own motion after notice has been given by the Registrar to each plaintiff or applicant.
[ End of Chapter 2 . Chapter 3 commences with Part 30 .]