What does “striking out pleadings” mean in Queensland?

Striking out pleadings and particulars means the court removes all or part of a pleading under rule 171 of the Uniform Civil Procedure Rules 1999 (Qld) because it is legally insufficient or procedurally defective. It is a corrective power used to ensure litigation proceeds on coherent, fair pleadings that define the real issues for trial and allow the other party to plead properly.

What rule governs strike-out applications in Queensland?

Strike-out applications are governed by rule 171 of the Uniform Civil Procedure Rules 1999 (Qld). Rule 171 empowers the court to strike out all or part of a pleading if it discloses no reasonable cause of action or defence, prejudices or delays a fair trial, is unnecessary or scandalous, is frivolous or vexatious, or is otherwise an abuse of process.

What are the grounds for striking out a pleading under r 171?

The grounds are set out in r 171(1). A pleading may be struck out if it discloses no reasonable cause of action or defence, tends to prejudice or delay the fair trial, is unnecessary or scandalous, is frivolous or vexatious, or is otherwise an abuse of the court’s process. The court applies these grounds sparingly and only in clear cases.

When will a pleading be struck out for disclosing no reasonable cause of action?

A pleading discloses no reasonable cause of action when, even assuming the pleaded facts are true, it cannot establish a legally recognisable claim or defence. This usually occurs where essential elements are missing, material facts are omitted, or causation is not pleaded. The defect is legal sufficiency, not the strength of the evidence.

What does it mean if a pleading prejudices or delays a fair trial?

A pleading prejudices or delays a fair trial when it is confusing, internally inconsistent, ambiguous, or inadequately particularised, making it difficult for the other party to understand and respond. The focus is procedural fairness and efficiency. If the pleading obscures the issues or expands the dispute unnecessarily, it can be struck out under r 171(1)(b).

Can pleadings be struck out for being “unnecessary or scandalous”?

Yes. A pleading can be struck out as unnecessary or scandalous if it includes irrelevant allegations or inflammatory material with no legitimate forensic purpose. Scandalous matter is not about morality; it is about improper content that burdens proceedings, causes prejudice, and distracts from the real issues. Such allegations can undermine fairness and increase cost and delay.

What is a “frivolous or vexatious” pleading?

A frivolous pleading is one so devoid of merit it cannot conceivably succeed. A vexatious pleading is brought for improper purposes such as harassment, annoyance, or oppression rather than genuine vindication of rights. Courts distinguish weak claims from truly frivolous or vexatious proceedings. Strike-out is reserved for clear cases that misuse the court’s process.

What is “abuse of process” for strike-out purposes?

Abuse of process is a broad, residual ground under r 171(1)(e) covering pleadings that misuse court procedures. It includes proceedings brought for improper motives, claims that are duplicative, collateral attacks on prior judgments, or repeated maintenance of defective pleadings undermining orderly litigation. The court intervenes to protect fairness, integrity, and efficiency of the process.

Is the power to strike out pleadings exercised often?

No. Courts are slow to strike out pleadings because it is a severe step that can deny a party its chosen mode of presenting a case. The power is exercised sparingly and only in clear cases, consistent with the “plain and obvious” threshold. Where defects are curable, courts commonly prefer amendment rather than terminating the proceeding.

Who can bring a strike-out application in Queensland?

Either party may apply to strike out a pleading under r 171. The application can be made at any stage of the proceeding. However, timing matters. Early applications can narrow issues and reduce wasted costs, while late applications may be discouraged unless the defects are fundamental and render the proceeding untenable or unfair to continue as pleaded.

When is the best time to apply to strike out a pleading?

The best time is usually early, before substantial steps like disclosure and trial preparation. Early strike-out applications can confine issues, reduce interlocutory complexity, and prevent wasted expense. Courts may be less receptive to late applications after significant litigation steps unless the pleading defect is fundamental, obstructs fairness, or threatens the efficient conduct of the proceeding.

Can the court consider evidence on a strike-out application?

Yes. Rule 171(3) provides that, on the hearing of an application, the court is not limited to receiving evidence about the pleading. This allows the court to consider context, including conduct and surrounding circumstances, when assessing prejudice, delay, or abuse of process. It reflects a broader, consolidated approach to procedural supervision.

What costs orders can be made in a strike-out application?

Under r 171(2), the court may order costs of the application on the indemnity basis. Indemnity costs can compensate the successful party and deter careless or abusive pleading. Cost consequences apply both ways: a successful strike-out may attract indemnity costs against the pleader, while an unmeritorious application may expose the applicant to adverse costs orders.

What is the difference between striking out and summary judgment?

Strike-out under r 171 focuses on pleading sufficiency and procedural clarity, targeting defects apparent from the pleading and its compliance with pleading rules. Summary judgment under r 293 focuses on whether there is no real prospect of success and no need for a trial, allowing the court to consider evidentiary material. They are complementary but functionally distinct mechanisms.

Do strike-out applications usually come before summary judgment?

Often, yes. Strike-out applications commonly precede summary judgment because pleadings must first properly define the issues for determination. A strike-out corrects defective pleadings and may permit re-pleading. If the defect is incurable or the party fails to re-plead after strike-out, the opposing party may then pursue summary judgment because no sustainable case remains.

What are “material facts” and why do they matter in pleadings?

Material facts are the essential factual elements needed to establish each part of a cause of action or defence. Rule 149 requires pleading material facts but not evidence. If material facts are omitted, the pleading may disclose no reasonable cause of action under r 171(1)(a). If evidence is pleaded instead, the pleading may become prolix and prejudicial.

What is proper particularisation and why is it required?

Proper particularisation under Part 15 supplements material facts by identifying the specific circumstances, transactions, or acts relied upon. Particulars prevent surprise and allow the other party to prepare an effective response. Without adequate particulars, a pleading may prejudice or delay a fair trial and be struck out under r 171(1)(b) because the opposing party cannot identify the case to meet.

What common drafting errors make pleadings vulnerable to strike-out?

Common errors include over-pleading evidence or argument, vague or inconsistent allegations, conclusory statements without factual links, missing causation, and insufficient particulars. Serious allegations such as fraud require heightened precision and clear particulars. These defects can obscure the issues, increase cost and delay, and breach the obligation to provide fair notice of the case to be met.

How should you respond if served with a strike-out application?

You should promptly assess whether the objections are valid and whether the defects are curable. If deficiencies are apparent, conceding them and seeking leave to amend is often the most efficient course, consistent with r 5. Defending a manifestly defective pleading risks strike-out without leave, indemnity costs under r 171(2), and potential summary judgment.

Will the court usually allow an amendment after striking out a pleading?

Often, yes. Courts generally allow re-pleading where the error concerns formulation or expression rather than the absence of any arguable cause of action. Amendment is the primary corrective mechanism. However, the discretion is not unlimited. Repeated amendments, tactical reformulation, or delay may lead to refusal of further leave, consistent with modern case management principles.

What does “striking out pleadings” mean in Queensland?

Striking out pleadings and particulars means the court removes all or part of a pleading under rule 171 of the Uniform Civil Procedure Rules 1999 (Qld) because it is legally insufficient or procedurally defective. It is a corrective power used to ensure litigation proceeds on coherent, fair pleadings that define the real issues for trial and allow the other party to plead properly.

What rule governs strike-out applications in Queensland?

Strike-out applications are governed by rule 171 of the Uniform Civil Procedure Rules 1999 (Qld). Rule 171 empowers the court to strike out all or part of a pleading if it discloses no reasonable cause of action or defence, prejudices or delays a fair trial, is unnecessary or scandalous, is frivolous or vexatious, or is otherwise an abuse of process.

What are the grounds for striking out a pleading under r 171?

The grounds are set out in r 171(1). A pleading may be struck out if it discloses no reasonable cause of action or defence, tends to prejudice or delay the fair trial, is unnecessary or scandalous, is frivolous or vexatious, or is otherwise an abuse of the court’s process. The court applies these grounds sparingly and only in clear cases.

When will a pleading be struck out for disclosing no reasonable cause of action?

A pleading discloses no reasonable cause of action when, even assuming the pleaded facts are true, it cannot establish a legally recognisable claim or defence. This usually occurs where essential elements are missing, material facts are omitted, or causation is not pleaded. The defect is legal sufficiency, not the strength of the evidence.

What does it mean if a pleading prejudices or delays a fair trial?

A pleading prejudices or delays a fair trial when it is confusing, internally inconsistent, ambiguous, or inadequately particularised, making it difficult for the other party to understand and respond. The focus is procedural fairness and efficiency. If the pleading obscures the issues or expands the dispute unnecessarily, it can be struck out under r 171(1)(b).

Can pleadings be struck out for being “unnecessary or scandalous”?

Yes. A pleading can be struck out as unnecessary or scandalous if it includes irrelevant allegations or inflammatory material with no legitimate forensic purpose. Scandalous matter is not about morality; it is about improper content that burdens proceedings, causes prejudice, and distracts from the real issues. Such allegations can undermine fairness and increase cost and delay.

What is a “frivolous or vexatious” pleading?

A frivolous pleading is one so devoid of merit it cannot conceivably succeed. A vexatious pleading is brought for improper purposes such as harassment, annoyance, or oppression rather than genuine vindication of rights. Courts distinguish weak claims from truly frivolous or vexatious proceedings. Strike-out is reserved for clear cases that misuse the court’s process.

What is “abuse of process” for strike-out purposes?

Abuse of process is a broad, residual ground under r 171(1)(e) covering pleadings that misuse court procedures. It includes proceedings brought for improper motives, claims that are duplicative, collateral attacks on prior judgments, or repeated maintenance of defective pleadings undermining orderly litigation. The court intervenes to protect fairness, integrity, and efficiency of the process.

Is the power to strike out pleadings exercised often?

No. Courts are slow to strike out pleadings because it is a severe step that can deny a party its chosen mode of presenting a case. The power is exercised sparingly and only in clear cases, consistent with the “plain and obvious” threshold. Where defects are curable, courts commonly prefer amendment rather than terminating the proceeding.

Who can bring a strike-out application in Queensland?

Either party may apply to strike out a pleading under r 171. The application can be made at any stage of the proceeding. However, timing matters. Early applications can narrow issues and reduce wasted costs, while late applications may be discouraged unless the defects are fundamental and render the proceeding untenable or unfair to continue as pleaded.

When is the best time to apply to strike out a pleading?

The best time is usually early, before substantial steps like disclosure and trial preparation. Early strike-out applications can confine issues, reduce interlocutory complexity, and prevent wasted expense. Courts may be less receptive to late applications after significant litigation steps unless the pleading defect is fundamental, obstructs fairness, or threatens the efficient conduct of the proceeding.

Can the court consider evidence on a strike-out application?

Yes. Rule 171(3) provides that, on the hearing of an application, the court is not limited to receiving evidence about the pleading. This allows the court to consider context, including conduct and surrounding circumstances, when assessing prejudice, delay, or abuse of process. It reflects a broader, consolidated approach to procedural supervision.

What costs orders can be made in a strike-out application?

Under r 171(2), the court may order costs of the application on the indemnity basis. Indemnity costs can compensate the successful party and deter careless or abusive pleading. Cost consequences apply both ways: a successful strike-out may attract indemnity costs against the pleader, while an unmeritorious application may expose the applicant to adverse costs orders.

What is the difference between striking out and summary judgment?

Strike-out under r 171 focuses on pleading sufficiency and procedural clarity, targeting defects apparent from the pleading and its compliance with pleading rules. Summary judgment under r 293 focuses on whether there is no real prospect of success and no need for a trial, allowing the court to consider evidentiary material. They are complementary but functionally distinct mechanisms.

Do strike-out applications usually come before summary judgment?

Often, yes. Strike-out applications commonly precede summary judgment because pleadings must first properly define the issues for determination. A strike-out corrects defective pleadings and may permit re-pleading. If the defect is incurable or the party fails to re-plead after strike-out, the opposing party may then pursue summary judgment because no sustainable case remains.

What are “material facts” and why do they matter in pleadings?

Material facts are the essential factual elements needed to establish each part of a cause of action or defence. Rule 149 requires pleading material facts but not evidence. If material facts are omitted, the pleading may disclose no reasonable cause of action under r 171(1)(a). If evidence is pleaded instead, the pleading may become prolix and prejudicial.

What is proper particularisation and why is it required?

Proper particularisation under Part 15 supplements material facts by identifying the specific circumstances, transactions, or acts relied upon. Particulars prevent surprise and allow the other party to prepare an effective response. Without adequate particulars, a pleading may prejudice or delay a fair trial and be struck out under r 171(1)(b) because the opposing party cannot identify the case to meet.

What common drafting errors make pleadings vulnerable to strike-out?

Common errors include over-pleading evidence or argument, vague or inconsistent allegations, conclusory statements without factual links, missing causation, and insufficient particulars. Serious allegations such as fraud require heightened precision and clear particulars. These defects can obscure the issues, increase cost and delay, and breach the obligation to provide fair notice of the case to be met.

How should you respond if served with a strike-out application?

You should promptly assess whether the objections are valid and whether the defects are curable. If deficiencies are apparent, conceding them and seeking leave to amend is often the most efficient course, consistent with r 5. Defending a manifestly defective pleading risks strike-out without leave, indemnity costs under r 171(2), and potential summary judgment.

Will the court usually allow an amendment after striking out a pleading?

Often, yes. Courts generally allow re-pleading where the error concerns formulation or expression rather than the absence of any arguable cause of action. Amendment is the primary corrective mechanism. However, the discretion is not unlimited. Repeated amendments, tactical reformulation, or delay may lead to refusal of further leave, consistent with modern case management principles.

What does “striking out pleadings” mean in Queensland?

Striking out pleadings and particulars means the court removes all or part of a pleading under rule 171 of the Uniform Civil Procedure Rules 1999 (Qld) because it is legally insufficient or procedurally defective. It is a corrective power used to ensure litigation proceeds on coherent, fair pleadings that define the real issues for trial and allow the other party to plead properly.

What rule governs strike-out applications in Queensland?

Strike-out applications are governed by rule 171 of the Uniform Civil Procedure Rules 1999 (Qld). Rule 171 empowers the court to strike out all or part of a pleading if it discloses no reasonable cause of action or defence, prejudices or delays a fair trial, is unnecessary or scandalous, is frivolous or vexatious, or is otherwise an abuse of process.

What are the grounds for striking out a pleading under r 171?

The grounds are set out in r 171(1). A pleading may be struck out if it discloses no reasonable cause of action or defence, tends to prejudice or delay the fair trial, is unnecessary or scandalous, is frivolous or vexatious, or is otherwise an abuse of the court’s process. The court applies these grounds sparingly and only in clear cases.

When will a pleading be struck out for disclosing no reasonable cause of action?

A pleading discloses no reasonable cause of action when, even assuming the pleaded facts are true, it cannot establish a legally recognisable claim or defence. This usually occurs where essential elements are missing, material facts are omitted, or causation is not pleaded. The defect is legal sufficiency, not the strength of the evidence.

What does it mean if a pleading prejudices or delays a fair trial?

A pleading prejudices or delays a fair trial when it is confusing, internally inconsistent, ambiguous, or inadequately particularised, making it difficult for the other party to understand and respond. The focus is procedural fairness and efficiency. If the pleading obscures the issues or expands the dispute unnecessarily, it can be struck out under r 171(1)(b).

Can pleadings be struck out for being “unnecessary or scandalous”?

Yes. A pleading can be struck out as unnecessary or scandalous if it includes irrelevant allegations or inflammatory material with no legitimate forensic purpose. Scandalous matter is not about morality; it is about improper content that burdens proceedings, causes prejudice, and distracts from the real issues. Such allegations can undermine fairness and increase cost and delay.

What is a “frivolous or vexatious” pleading?

A frivolous pleading is one so devoid of merit it cannot conceivably succeed. A vexatious pleading is brought for improper purposes such as harassment, annoyance, or oppression rather than genuine vindication of rights. Courts distinguish weak claims from truly frivolous or vexatious proceedings. Strike-out is reserved for clear cases that misuse the court’s process.

What is “abuse of process” for strike-out purposes?

Abuse of process is a broad, residual ground under r 171(1)(e) covering pleadings that misuse court procedures. It includes proceedings brought for improper motives, claims that are duplicative, collateral attacks on prior judgments, or repeated maintenance of defective pleadings undermining orderly litigation. The court intervenes to protect fairness, integrity, and efficiency of the process.

Is the power to strike out pleadings exercised often?

No. Courts are slow to strike out pleadings because it is a severe step that can deny a party its chosen mode of presenting a case. The power is exercised sparingly and only in clear cases, consistent with the “plain and obvious” threshold. Where defects are curable, courts commonly prefer amendment rather than terminating the proceeding.

Who can bring a strike-out application in Queensland?

Either party may apply to strike out a pleading under r 171. The application can be made at any stage of the proceeding. However, timing matters. Early applications can narrow issues and reduce wasted costs, while late applications may be discouraged unless the defects are fundamental and render the proceeding untenable or unfair to continue as pleaded.

When is the best time to apply to strike out a pleading?

The best time is usually early, before substantial steps like disclosure and trial preparation. Early strike-out applications can confine issues, reduce interlocutory complexity, and prevent wasted expense. Courts may be less receptive to late applications after significant litigation steps unless the pleading defect is fundamental, obstructs fairness, or threatens the efficient conduct of the proceeding.

Category: Civil Litigation

Striking out Pleadings and Particulars in Queensland litigation lawyer

Discuss Your Case With A Trusted Lawyer

We approach your dispute with – strategic thinking, commercial solutions & positive outcomes.Our honest process is designed to get you the best commercially sensible resolution

Litigation Services

Category: Civil Litigation

Striking out Pleadings and Particulars in Queensland

Defence of Absolute Privilege in Defamation

Domestic Violence and Defamation in Australia

Defamation and Other Legislation Amendment Bill 2025

Injurious Falsehood -v- Defamation in Australia

Innuendo in Defamation – Complete Guide

Why ‘Alleged’ Isn’t Enough – Defamation Defence Myths

Default Judgments in Defamation (QLD)

Damages in Commercial Litigation in Qld

Vexatious Litigant under the Vexatious Proceedings Act 2005

Innocent Dissemination Defence in Defamation

Damages in Defamation Claims – Complete Guide

Extrinsic Evidence and the Parol Evidence Rule

Can You Serve a Statutory Demand by Email in Australia?

QCAT Building Disputes in Queensland – Complete Guide

Claim A No Obligation Case Evaluation

Discuss Your Case With A Trusted Lawyer

Quick Links

Litigation Services

Home

News & Blogs

Contact Us