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Court Procedures Rules
425Pleadings—striking out
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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
(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)).
Rule 426
Note 3 Rule 6901 (Orders may be made on conditions) provides that the court
(2) The court may receive evidence on the hearing of an application for
(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.