Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 16.41

General

             (1)  A party must state in a pleading, or in a document filed and served with the pleading, the necessary particulars of each claim, defence or other matter pleaded by the party.

Note:          See rule 16.45.

             (2)  Nothing in rules 16.42 to 16.45 is intended to limit subrule (1).

Note 1:       The object of particulars is to limit the generality of the pleadings by:

(a)    informing an opposing party of the nature of the case the party has to meet; and

(b)    preventing an opposing party being taken by surprise at the trial; and

(c)    enabling the opposing party to collect whatever evidence is necessary and available.

Note 2:       The function of particulars is not to fill a gap in a pleading by providing the material facts that the pleading must contain.

Note 3:       A party does not plead to the opposite party's particulars.

Note 4:       Particulars should, if they are necessary, be contained in the pleading but they may be separately stated if sought by the opposite party or ordered by the Court.



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