Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p7
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 7/154)
Character Range: 232560–235222

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 process of the Court.
 (2) A party may apply for an order that the pleading be removed from the Court file if the pleading contains material of a kind mentioned in paragraph (1)(a), (b) or (c) or is otherwise an abuse of the process of the Court.
Rules 16.22–16.30 left blank

Division 16.3—Progress of pleadings

16.31  Application of Division 16.3
  This Division applies if a proceeding is started by an originating application supported by a statement of claim or the Court has ordered that the proceeding continues on pleadings.

16.32  Defence to application
  A respondent must file a defence, in accordance with Form 33, within 28 days after service of the statement of claim.

16.33  Reply
  If a respondent files a defence and the applicant wants to plead a matter of fact or point of law of the kind mentioned in rule 16.08, the applicant must file a reply, in accordance with Form 34, within 14 days after being served with the defence.
Rules 16.34–16.40 left blank

Division 16.4—Particulars

16.41A  Application of Division 16.4
  This Division does not apply in relation to a pleading that is an alternative accompanying document referred to in rule 8.05.

16.41  General
 (1) A party must state in a pleading, or in a document filed and served with the pleading, the necessary particulars of each claim, defence or other matter pleaded by the party.
Note: See rule 16.45.
 (2) Nothing in rules 16.42 to 16.45 is intended to limit subrule (1).
Note 1: The object of particulars is to limit the generality of the pleadings by:
(a) informing an opposing party of the nature of the case the party has to meet; and
(b) preventing an opposing party being taken by surprise at the trial; and
(c) enabling the opposing party to collect whatever evidence is necessary and available.
Note 2: The function of particulars is not to fill a gap in a pleading by providing the material facts that the pleading must contain.
Note 3: A party does not plead to the opposite party's particulars.
Note 4: Particulars should, if they are necessary, be contained in the pleading but they may be separately stated if sought by the opposite party or ordered by the Court.

16.42  Fraud, misrepresentation etc
  A party who pleads fraud, misrepresentation, unconscionable conduct, breach of trust, wilful default or undue influence must state in the pleading particulars of the facts on which the party relies.

16.43  Conditions of mind
 (1)