Commonwealth Consolidated Regulations

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HIGH COURT RULES 2004 - RULE 25.09

Determination of application

25.09.1     The Court or a Justice may dismiss an application, without listing the application for hearing, on the ground that the application does not disclose an arguable basis for the relief sought or is an abuse of the process of the Court.

25.09.2     A Justice may make an order under rule   25.09.1, and may publish reasons for the decision, other than in open court.

Note:   For the power of a Justice sitting in Chambers to exercise the jurisdiction of the Court, see section   16 of the Judiciary Act 1903 .

25.09.3     Without limiting rule   28.01, on hearing an application the Court or a Justice may:

  (a)   if the plaintiff fails to attend the hearing, dismiss the application on that ground or make any other appropriate order; or

  (b)   if the application does not disclose an arguable basis for the relief sought or is an abuse of the process of the Court, dismiss the application on that ground; or

  (c)   finally determine the whole or a part of the application; or

  (d)   refer the whole or a part of the application for further hearing by a Full Court.



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