Strike out applications

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*Revised May 2025*

If you can understand the other side's case and there isn’t a ‘substantial objection’ or ‘real embarassment’, don't bother with a strike out application. 

Strike out applications pursuant to Order 23 have historically been made for strategic reasons, but should now only be made if a pleading or case cannot be understood, there is a substantial objection, or real embarrassment is shown. 

The full article (2100) words) covers:

  • the difference between strike out and dismissal

  • the difference between strike out and summary judgment

  • strike out applications in the Supreme Court, the most recent cases and the relevant rules

  • addressing poorly drafted or ambiguous pleadings

  • strategic requests for further and better particulars

  • bringing an application by summons

  • strike out applications in VCAT and the relevant rules

  • mistakes to avoid