Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 16.03

Pleading of facts

             (1)  A party must plead a fact if:

                     (a)  it is necessary to plead it to meet an express denial of the fact pleaded by another party; or

                     (b)  failure to plead the fact may take another party by surprise.

             (2)  However, a party need not plead a fact if the burden of proving the fact does not lie on that party.



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