Australian Capital Territory Repealed Regulations

This legislation has been repealed.

MAGISTRATES COURT (CIVIL JURISDICTION) RULES 2004 (REPEALED) - REG 113

    (1)     If a pleading—

        (a)     discloses no reasonable cause of action or defence or other case appropriate to the nature of the pleading; or

        (b)     has a tendency to cause prejudice, embarrassment or delay in the proceedings; or

        (c)     is otherwise an abuse of the process of the court;

the court may, at any stage of the proceedings, on the terms it thinks just, order that the whole or any part of the pleading be struck out.

    (2)     The court may receive evidence on the hearing of an application for an order under subsection (1).

    (3)     If the court makes an order under subsection (1) in proceedings, it may make any other orders it thinks just, including, without limiting the generality of the foregoing, any of the following orders:

        (a)     an order as to subsequent steps in the proceedings being taken as if the matter contained in the pleading, or in that part of the pleading, that was struck out had not been pleaded;

        (b)     an order granting time to any party to file amended documents;

        (c)     if the pleading that was struck out was a notice of grounds of defence—an order granting leave for judgment to be entered for the plaintiff;

        (d)     an order as to costs in the proceedings.