Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p35
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 81629–84248

and served with the writ, the plaintiff shall file and serve its Statement of Claim within 21 days after the filing of a notice of appearance, a submitting appearance, or a conditional appearance.

27.04  Contents of a Statement of Claim
  A Statement of Claim:
 (a) shall state the basis on which it is claimed that the matter is within the original jurisdiction of the Court;
 (b) shall contain in a summary form a statement of all the material facts on which the plaintiff relies, but not the evidence by which those facts are to be proved;
 (c) where any claim arises by or under any Act, shall identify the specific provisions relied on; and
 (d) shall contain the necessary particulars of any fact or matter pleaded, including:
 (i) all particulars necessary to enable the opposite party to plead or to define the questions for trial or to avoid surprise at trial; and
 (ii) particulars of any misrepresentation, fraud, breach of trust, wilful default, or like matter; and
 (e) shall state specifically the relief or remedy claimed.

27.05  Pleadings after a Statement of Claim
  In any pleading after a Statement of Claim a party shall plead specifically any fact or matter which:
 (a) it is alleged makes a claim or defence of the opposite party not maintainable;
 (b) if not pleaded specifically might take the opposite party by surprise; or
 (c) raises matters of fact not arising out of the preceding pleading.

27.06  Application for directions
27.06.1  No later than 14 days after the time referred to in paragraph 27.01(d) for a defendant to file a notice of appearance, the plaintiff must file and serve on all other parties (whether or not those parties have appeared) an application for directions.
27.06.2  The application must be in Form 21.
27.06.3  The plaintiff must file and serve with the application an outline of the submissions that the plaintiff wishes to make on the hearing of the application. The outline must:
 (a) state why the matter should not be remitted to another court or, if the plaintiff submits that it should be remitted, identify the Court to which it should be remitted; and
 (b) state what further steps, if any, should be taken in the Court (whether by way of reference of a question of law to a Full Court or otherwise); and
 (c) specify the times by which, and manner in which, further steps in the Court are to be taken; and
 (d) set out the precise terms of the orders which the plaintiff submits should be made on the application.
27.06.4  On hearing the application, a Justice may give such directions for the further conduct of the proceeding as appear necessary or