The conclusion that O 16 r 1 does not apply is not the end of the matter. The power in O 16 to enter judgment for a defendant makes explicit provision for what is, in any event, the court's inherent jurisdiction to protect its processes from abuse by summarily disposing of an action as being frivolous or vexatious where the action is so obviously untenable that it cannot possibly succeed: Burton v The Shire of Bairnsdale (190 cool 7 CLR 76 at 92. Order 1 r 3A provides that "[t]he inherent power of the court to control the conduct of a proceeding is not affected by the Rules". Further, the inherent power of the court to control its own proceedings extends to third party proceedings: O'Donohue v Nolton (WASC, Kennedy J, Lib No 4967, 13 March 1981, unreported, at 4). A third party has standing to initiate an inquiry by the court as to whether or not its processes are being abused on the basis that the plaintiff's claim is frivolous or vexatious or that it is so obviously untenable that it cannot possibly succeed: Mondo, above, at [31]–[34].