New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.27

Joinder of issue

14.27 Joinder of issue

(cf SCR Part 15, rule 21; DCR Part 9, rule 15)

(1) A pleading may expressly join issue on a previous pleading.
(2) If there is no reply by a plaintiff to a defence, there is an implied joinder of issue on that defence.
(3) If there is no answer by the opposite party to a reply or subsequent pleading, there is an implied joinder of issue on the reply or subsequent pleading.
(4) There can be no joinder of issue, express or implied, on a statement of claim.
(5) An implied joinder of issue on a pleading operates as a denial of every allegation of fact made in the pleading.
(6) An express joinder of issue on a pleading operates as a denial of every allegation of fact made in the pleading other than an allegation that is expressly admitted.



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