Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 16.41


         (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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