ACTIn ForceRegulation
Court Procedures Rules
3566Judicial review—power of the court to stay or dismiss
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3566 Judicial review—power of the court to stay or dismiss
applications in certain circumstances
(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
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
Rule 3567
(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.
to the proceeding or on its own initiative.
(4) The court may receive evidence on the hearing of an application for