New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 15.5

Allegations of negligence and breach of statutory duty in common law claims in tort

15.5 Allegations of negligence and breach of statutory duty in common law claims in tort

(cf SCR Part 16, rule 4; DCR Part 9, rule 22; LCR Part 8, rule 4)

(1) The particulars to be given by a pleading that alleges negligence (whether contributory or otherwise)--
(a) must state the facts and circumstances on which the party pleading relies as constituting the alleged negligent act or omission, and
(b) if the party pleading alleges more than one negligent act or omission, must, so far as practicable, state separately the facts and circumstances on which the party relies in respect of each alleged negligent act or omission.
(2) The particulars to be given by a pleading that alleges breach of statutory duty--
(a) must state the facts and circumstances on which the party pleading relies as constituting the alleged breach of statutory duty, and
(b) if the party pleading alleges more than one breach of statutory duty, must, so far as practicable, state separately the facts and circumstances on which the party relies in respect of each alleged breach of statutory duty.



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