A court may dismiss proceedings without further leave to re-plead where a party has repeatedly failed to file a compliant pleading over an extended period, has demonstrated a cavalier attitude to the litigation, and has not proffered a draft amended pleading demonstrating capacity to plead a coherent case. Causes of action of undischarged bankrupts vest in the Official Trustee under s 58(1) of the Bankruptcy Act 1966 (Cth) and cannot be maintained by the bankrupt personally without assignment.
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