Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 16.43

Conditions of mind

             (1)  A party who pleads a condition of mind must state in the pleading particulars of the facts on which the party relies.

             (2)  If a party pleads that another party ought to have known something, the party must give particulars of the facts and circumstances from which the other party ought to have acquired the knowledge.

             (3)  In this rule:

"condition of mind " , for a party, means:

                     (a)  knowledge; and

                     (b)  any disorder or disability of the party's mind; and

                     (c)  any fraudulent intention of the party.



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