What is the correct term for motion to dismiss and what form is to be used? I know it has to be filed minimum of 2 days before any hearing and also served on plaintiff.
QLD Correct terms and procedure for filing motion
- Thread starter cuttyshatface
- Start date
Hi,
I'm in WA but it looks like it might be an application for dismissal in QLD and I couldn't find a specific form http://www.courts.qld.gov.au/about/...ation&search_page_494630_submit_button=Search unless you can submit an affidavit.
The Uniform Civil Procedures Rules 1999 UNIFORM CIVIL PROCEDURE RULES 1999 - SECT 576 576 Application for dismissal or stay at directions hearing talks a bit about application for dismissal
I'm in WA but it looks like it might be an application for dismissal in QLD and I couldn't find a specific form http://www.courts.qld.gov.au/about/...ation&search_page_494630_submit_button=Search unless you can submit an affidavit.
The Uniform Civil Procedures Rules 1999 UNIFORM CIVIL PROCEDURE RULES 1999 - SECT 576 576 Application for dismissal or stay at directions hearing talks a bit about application for dismissal
I think you'll be looking for a Form 9 which the standard application document within an existing case http://www.courts.qld.gov.au/__data/assets/word_doc/0009/92925/Form-9-Application-UCPR.doc
I'm not a litigator, but from my limited courtroom experience you'll probably be looking at a application to strike out some or all of the pleadings against you. Look at UCPR 171, which has 5 available grounds for application. This is very technical and often hard to get through. Unless it is clearly improper, courts may allow the pleadings to remain but note that a costs liability may follow if they're later deemed to be improper.
I'm not a litigator, but from my limited courtroom experience you'll probably be looking at a application to strike out some or all of the pleadings against you. Look at UCPR 171, which has 5 available grounds for application. This is very technical and often hard to get through. Unless it is clearly improper, courts may allow the pleadings to remain but note that a costs liability may follow if they're later deemed to be improper.
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