- To Dismiss or Discontinue, that is the Question
In these circumstances, you should consider whether a dismissal or discontinuance of proceedings is appropriate First, it is critical to note the distinction between ‘dismissal’ and ‘discontinuance’ of proceedings
- Summary disposal and strike out applications
When entering judgment for the plaintiff under r 13 1, it is desirable to deal not only with the costs of the motion for summary judgment, but also with the costs of the proceedings so far The plaintiff must show that any defence intended to be relied on is untenable and cannot possibly succeed
- Defending a civil proceeding - Supreme Court of Victoria
If the proceeding started by writ and includes an Indorsement of Claim, the plaintiff must file a Statement of Claim and serve it on you After you have been served the Statement of Claim, you have 30 days to file and serve your defence (see below)
- UNIFORM CIVIL PROCEDURE RULES 2005 - REG 12. 9
(2) The court may, of its own motion, make an order dismissing the proceedings if-- (a) a defence or cross-claim is not filed, or (b) an application for default judgment is not filed, or (c) the proceedings are not otherwise disposed of, within 9 months after the statement of claim is filed
- What is Summary Disposal of Court Proceedings? - LegalVision
In limited circumstances, a defendant can make an application for summary dismissal of your claim If successful, your claim will be ‘thrown out’ and the proceedings will end
- Dismissal for lack of progress - judcom. nsw. gov. au
Section 91 of the CPA provides that dismissal of proceedings does not, subject to the terms on which the order is made, prevent the plaintiff from bringing fresh proceedings
- Procedural fact sheets for civil proceedings - Queensland Courts
Procedural fact sheets for civil proceedings Supreme Court and District Court The following fact sheets provide litigants, including those who are self-represented, with useful, practical information about court processes, such as: time-critical events during a civil claim how to complete frequently required forms how to file and serve documents
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