Judges are directed by the various legislation under which the application is made and the Civil Procedure Rules.

This means that there are some things that the judge must do and some things that they may do. Judges must act fairly and impartially, and their decisions will be based upon the facts that are proven, the rules that apply to the case and the broader social consequences of any decision they make.

Although a judge may strike out a claim if it is defective due to an error, they may also allow some mistakes to be corrected and a case to proceed.

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