Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 16.11

Joinder of issue

             (1)  If no reply to a defence is filed, a joinder of issue is implied in relation to any allegation of fact in the defence and each allegation of fact is taken to be denied.

             (2)  If, in a reply, a party admits, or expressly pleads to an allegation of fact, a joinder of issue operates as a denial of any other allegation of fact in the pleading.

Note:          A joinder of issues means that the fact alleged in the pleading is taken to be denied. Joinder of issue only relates to any pleading subsequent to a defence.



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