Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 23.01

Stay or judgment in proceeding

    (1)     Where a proceeding generally or any claim in a proceeding

        (a)     is scandalous, frivolous or vexatious; or

        (b)     is an abuse of the process of the Court—

the Court may stay the proceeding generally or in relation to any claim or give judgment in the proceeding generally or in relation to any claim.

    (2)     Where the defence to any claim in a proceeding is scandalous, frivolous or vexatious, the Court may give judgment in the proceeding generally or in relation to any claim.

    (3)     In this Rule—

        (a)     a claim in a proceeding includes a claim by counterclaim and a claim by third party notice; and

        (b)     a defence includes a defence to a counterclaim and a defence to a claim by third party notice.



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