Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 16.45

Application for order for particulars

             (1)  If a pleading does not give a party fair notice of the case to be made against that party at trial and, as a result, the party may be prejudiced in the conduct of the party's case, the party may apply to the Court for an order that the party who filed the pleading serve on the party:

                     (a)  particulars of the claim, defence or other matter stated in the pleading; or

                     (b)  a statement of the nature of the case relied on; or

                     (c)  if there is a claim for damages--particulars of the damages claimed.

             (2)  An application under subrule (1) may be made only if:

                     (a)  the particulars in the pleading are inadequate; and

                     (b)  the party seeking the order could not conduct the party's case without further particulars.

             (3)  A respondent who applies to the Court for an order under subrule (1) before filing the respondent's defence must satisfy the Court that an order is necessary or desirable to enable the respondent to plead.

Note:          The intent of the pleading rules is that a party should include all material facts in its pleadings as initially filed so that there is no unfairness to another party by any lack of particularity. If the party has not done so, the Court may at trial refuse to allow the party to present a case that is outside the terms of their pleading.

Rules 16.46-16.50 left blank



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