Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p6
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 6/154)
Character Range: 230183–232788

fact or point of law that:
 (a) raises an issue not arising out of the earlier pleading; or
 (b) if not expressly pleaded, might take another party by surprise if later pleaded; or
 (c) the party alleges makes another party's claim or defence not maintainable.

16.09  Defence of tender before start of proceeding
  A respondent cannot plead the defence of tender before the start of the proceeding unless the respondent has made an offer to pay the money, in accordance with Part 25.

16.10  Defence claiming set‑off
  A respondent who relies on a claim to an amount of money as a defence to the whole or part of an applicant's claim may include the claim in the respondent's defence by way of set off against the applicant's claim, whether or not the respondent also cross‑claims for the money.

16.11  Joinder of issue
 (1) If no reply to a defence is filed, a joinder of issue is implied in relation to any allegation of fact in the defence and each allegation of fact is taken to be denied.
 (2) If, in a reply, a party admits, or expressly pleads to an allegation of fact, a joinder of issue operates as a denial of any other allegation of fact in the pleading.
Note: A joinder of issues means that the fact alleged in the pleading is taken to be denied. Joinder of issue only relates to any pleading subsequent to a defence.

16.12  Close of pleadings
 (1) As between an applicant and a respondent, the pleadings close at the end of the latest of the times fixed by these Rules for filing a defence or reply, or other pleading between those parties.
 (2) The pleadings close under subrule (1) even if a request or order for particulars has not been complied with.

16.13  Alternative accompanying documents
 (1) The following provisions apply to an alternative accompanying document referred to in rule 8.05:
 (a) paragraphs 16.01(a), (b) and (d);
 (b) subrule 16.02(2).
 (2) The content of such an alternative accompanying document must also comply with any practice notes issued by the Chief Justice.
Rules 16.14–16.20 left blank

Division 16.2—Striking out pleadings

16.21  Application to strike out pleadings
 (1) A party may apply to the Court for an order that all or part of a pleading be struck out on the ground that the pleading:
 (a) contains scandalous material; or
 (b) contains frivolous or vexatious material; or
 (c) is evasive or ambiguous; or
 (d) is likely to cause prejudice, embarrassment or delay in the proceeding; or
 (e) fails to disclose a reasonable cause of action or defence or other case appropriate to the nature of the pleading; or
 (f) is otherwise an abuse of the