New South Wales Consolidated Regulations New South Wales Consolidated Regulations(cf SCR Part 81, rule 22)
(1) A party who disputes the validity of a patent must deliver, with the pleading or other document in which the party disputes the validity of registration, particulars of the grounds of invalidity on which the party relies.
(2) If one of the grounds referred to in subrule (1) is that the invention is not a patentable invention because of information about the invention in a document or through the doing of an act, the particulars must specify--(a) in the case of a document, the time when, and the place where, the document is alleged to have become publicly available, and(b) in the case of an act--(i) the name of the person alleged to have done the act, and(ii) the period in which, and the place where, the act is alleged to have been done publicly, and(iii) a description that is sufficient to identify the act, and(iv) if the act relates to apparatus or machinery, whether the apparatus or machinery exists and, if so, where it can be inspected.
(3) If--(a) one of the grounds referred to in subrule (1) is that the invention, so far as claimed in any claim of the complete specification of the patent, is not useful, and(b) it is intended, in connection with that ground, to rely on the fact that an example of the invention which is the subject of any such claim cannot be made to work, either at all or as described in the specification,the particulars must identify each such claim and state that fact and must include particulars of each such example, specifying the respect in which it is alleged that it does not work as described.
(4) Except by leave of the Supreme Court, evidence is not admissible in proof of a ground of invalidity of which particulars have not been given.