Victorian Numbered Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 13.07

    (1)     A party shall, in any pleading subsequent to a statement of claim, plead specifically any fact or matter which—

        (a)     the party alleges makes any claim or defence of the opposite party not maintainable; or

        (b)     if not pleaded specifically, might take the opposite party by surprise; or

        (c)     raises questions of fact not arising out of the preceding pleading.

    (2)     In a proceeding for the recovery of land—

        (a)     the indorsement of claim on the writ or, if that indorsement does not constitute a statement of claim, the statement of claim shall describe the land so that it is physically identifiable;

        (b)     the defendant shall plead specifically every ground of defence on which the defendant relies and a plea that the defendant or the defendant's tenant is in possession of the land is not sufficient.

    (3)     A claim for exemplary damages shall be specifically pleaded together with the facts on which the party pleading relies.