Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p5
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 5/154)
Character Range: 227815–230408

prejudice, embarrassment or delay in the proceeding; or
 (e) fail to disclose a reasonable cause of action or defence or other case appropriate to the nature of the pleading; or
 (f) otherwise be an abuse of the process of the Court.
 (3) A pleading may raise a point of law.
 (4) A party is not entitled to seek any additional relief to the relief that is claimed in the originating application.
 (5) A party may plead a fact or matter that has occurred or arisen since the proceeding started.

16.03  Pleading of facts
 (1) A party must plead a fact if:
 (a) it is necessary to plead it to meet an express denial of the fact pleaded by another party; or
 (b) failure to plead the fact may take another party by surprise.
 (2) However, a party need not plead a fact if the burden of proving the fact does not lie on that party.

16.04  References to documents or spoken words
 (1) A pleading that refers to a document or spoken words need only state the effect of the document or words without including the terms of the document or the words themselves.
 (2) However, if the words are material to the pleading, the pleading must include the words.

16.05  Conditions precedent
 (1) A party need not state in a pleading that a condition precedent to the party's right of action has been satisfied.
 (2) However, a party who wants to deny that a condition precedent has been satisfied must expressly plead the denial.

16.06  Inconsistent allegations or claims
  A party must not plead inconsistent allegations of fact or inconsistent grounds or claims except as alternatives.

16.07  Admissions, denials and deemed admissions
 (1) A party pleading to an allegation of fact in another party's pleading must specifically admit or deny every allegation of fact in the pleading.
 (2) Allegations that are not specifically denied are taken to be admitted.
 (3) However, a party may state that the party does not know and therefore cannot admit a particular fact.
 (4) If a party makes a statement mentioned in subrule (3), the particular fact is taken to be denied.
Note: This rule requires a party to address each material fact pleaded in an opposing party's pleading. A general denial or an evasive answer will not be sufficient.

16.08  Matters that must be expressly pleaded
  In a pleading subsequent to a statement of claim, a party must expressly plead a matter of 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