Strike out applications

If you can understand the other side's case, don't bother with a strike out application. 

Strike out applications pursuant to Order 23 have historically been made for strategic reasons, but that is changing. They should now only be made if a pleading or case cannot be understood. 

The full article (2000 words) covers:

  • the difference between strike out and dismissal

  • the difference between strike out and summary judgment

  • strike out applications in the Supreme Court and the relevant rules

  • strike out applications in the County Court and the relevant rules

  • addressing poorly drafted or ambiguous pleadings

  • strategic requests for further and better particulars

  • bringing an application by summons

  • strike out applications in VCAT and the relevant rules

  • mistakes to avoid