Скачать или смотреть Pleadings Qld 12: Striking Out Pleadings in QLD: The r 171 Playbook (Costs, Leave & Strategy)

Bad pleadings don’t just annoy judges—they burn client money and bend timelines. This episode breaks down the Queensland Uniform Civil Procedure Rules approach to striking out, focusing on r 171 and how it fits within modern case management.

We cover:

*The five grounds under r 171(1):* no reasonable cause of action/defence; prejudice or delay of a fair trial; unnecessary or scandalous; frivolous or vexatious; abuse of process. What each really means in practice, and how the court’s *discretion shifts* depending on which ground you invoke.
*How “robust, not technical” pleading principles play out today:* the purpose of pleadings is to define issues and prevent surprise—not to win a war of footnotes. Learn when a technically imperfect pleading still passes muster because the issues are clear and trial management tools do the rest.
*r 171 vs r 293 (summary judgment):* when to strike out, when to go for judgment, and why courts are *slow to short-circuit* the summary judgment pathway with an “abuse of process” strike-out. Plus the different end games: amendment opportunities after strike-out versus the finality (and res judicata) of summary judgment.
*Do you need a Notice of Intention to Defend first?* We unpack the interaction with r 135 and why a strike-out *can* be brought early in appropriate cases—plus how judges think about granting leave if you happen to be early.
*Indemnity costs under r 171(2):* not automatic. We walk through when courts have said “yes” (e.g., persistent, untenable fraud allegations) and when they’ve declined despite a successful strike-out. You’ll leave with a *checklist of factors* that move the needle on costs.
*Leave to re-plead (and when you won’t get it):* the usual rule is a chance to fix it; refusal demands a *compelling* conclusion that no maintainable cause can be pleaded. We show practical markers courts use—number of failed attempts, lateness, and whether finality now outweighs another try.
*Inherent jurisdiction & the General Steel principles:* summary termination must be used *sparingly**, but courts will decide a clear point of law or construction **now* if it saves a pointless trial. Learn how to frame those questions so the judge is comfortable ruling summarily.
*Tactical tips for applicants and respondents:*

For applicants: target the **worst defects**, propose clean surgical orders, and support with a short chronology. If seeking no leave to re-plead, justify **why finality is fair now**.
For respondents: concede the fixable; defend the **core cause**; and offer a short, workable amendment pathway to earn leave and avoid indemnity costs.
*Common pitfalls judges strike out fast:* prolix narratives, scandalous rhetoric, evidentiary argument masquerading as facts, and pleaded “duties” with no legal home.
*Evidence beyond the pleading:* when the court may look outside the face of the statement of claim/defence on a strike-out hearing—and how that changes your material.

By the end, you’ll have a courtroom-ready framework to: (1) decide *whether* to bring (or resist) a strike-out, (2) choose *which ground* gives you the best odds, (3) navigate **costs and leave**, and (4) avoid turning your pleading into your opponent’s Exhibit A.