Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 16.08

Matters that must be expressly pleaded

                   In a pleading subsequent to a statement of claim, a party must expressly plead a matter of fact or point of law that:

                     (a)  raises an issue not arising out of the earlier pleading; or

                     (b)  if not expressly pleaded, might take another party by surprise if later pleaded; or

                     (c)  the party alleges makes another party's claim or defence not maintainable.



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