Western Australian Current Regulations Western Australian Current Regulations (1) The Court may at
any stage of the proceedings, subject to subrule (3), order to be struck
out or amended any pleading, or the indorsement of any writ in the action, or
anything in any pleading or in the indorsement on the ground
that —
(a) it
discloses no reasonable cause of action or defence, as the case may be; or
(b) it
is scandalous, frivolous or vexatious; or
(c) it
may prejudice, embarrass or delay the fair trial of the action; or
(d) it
is otherwise an abuse of the process of the Court,
and may order the
action to be stayed or dismissed or judgment to be entered accordingly, as the
case may be.
(2) No evidence shall
be admissible on an application under subrule (1)(a).
(3) An application for
an order under subrule (1) must —
(a) be
made within 21 days of the service of any pleading, or amended pleading,
or writ to which the application refers; and
(b)
where the application is to strike out certain pleadings,
specify —
(i)
the paragraph of subrule (1) under which the
application is made; and
(ii)
those parts of the pleadings which the applicant seeks to
have struck out;
and
(c)
where the application is to strike out the entire pleading, clearly indicate
that intention in the application.
[(4) deleted]
(5) Unless special
circumstances are shown, an application to amend pleadings consequent upon an
order striking the pleadings out, in whole or in part, shall be accompanied by
a minute of the proposed amendment.
[Rule 19 amended: Gazette
26 Aug 1994 p. 4410‑11; 24 Jan 1995
p. 270; 9 Aug 1996 p. 3949; 28 Jun 2011
p. 2552 and 2553; 24 May 2017 p. 2607.]