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s 16.21

Application to strike out pleadings

In force
Chapter 2Original jurisdiction—proceedings generally
Part 16Pleadings
Division 16.2Striking out pleadings

16.21 Application to strike out pleadings

(1)

A party may apply to the Court for an order that all or part of a pleading be struck out on the ground that the pleading:

(a)

contains scandalous material; or

(b)

contains frivolous or vexatious material; or

(c)

is evasive or ambiguous; or

(d)

is likely to cause prejudice, embarrassment or delay in the proceeding; or

(e)

fails to disclose a reasonable cause of action or defence or other case appropriate to the nature of the pleading; or

(f)

is otherwise an abuse of the process of the Court.

(2)

A party may apply for an order that the pleading be removed from the Court file if the pleading contains material of a kind mentioned in paragraph (1)(a), (b) or (c) or is otherwise an abuse of the process of the Court.

Rules 16.22–16.30 left blank

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Section 16.21 — Application to strike out pleadings — Federal Court Rules 2011 (Commonwealth) — Barrister AI