The power under s 56(2)(j) of the Civil Procedure Act 2010 (Vic) to strike out a claim or defence for non-compliance with discovery obligations is not limited to cases of abuse of process; it is available for any conduct within s 56(1), subject only to the conventional limits on judicial discretion. However, a court must consider whether striking out one party's defence while a co-defendant remains entitled to litigate the same issues would create the risk of inconsistent judicial findings inimical to the administration of justice.
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