Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 11.5

5. A party need not plead a fact if-

   (a)  the fact is presumed by law to be true; or

   (b)  the burden of disproving the fact lies on the other party, except so
        far as may be necessary to meet a specific denial of that fact by the
        other party in his pleading or failure to plead such fact is likely to
        cause the other party to be taken by surprise.