Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 16.08

    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.