Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p8
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 8/154)
Character Range: 234946–237523

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) A party who pleads a condition of mind must state in the pleading particulars of the facts on which the party relies.
 (2) If a party pleads that another party ought to have known something, the party must give particulars of the facts and circumstances from which the other party ought to have acquired the knowledge.
 (3) In this rule:
condition of mind, for a party, means:
 (a) knowledge; and
 (b) any disorder or disability of the party's mind; and
 (c) any fraudulent intention of the party.

16.44  Damages and exemplary damages
 (1) A party who claims damages that includes money that the party has paid, or is liable to pay, must state in a pleading the amount of the money paid or liable to be paid.
 (2) If the party claims exemplary damages, the pleading must also state particulars of the facts on which the claim is based.

16.45  Application for order for particulars
 (1) If a pleading does not give a party fair notice of the case to be made against that party at trial and, as a result, the party may be prejudiced in the conduct of the party's case, the party may apply to the Court for an order that the party who filed the pleading serve on the party:
 (a) particulars of the claim, defence or other matter stated in the pleading; or
 (b) a statement of the nature of the case relied on; or
 (c) if there is a claim for damages—particulars of the damages claimed.
 (2) An application under subrule (1) may be made only if:
 (a) the particulars in the pleading are inadequate; and
 (b) the party seeking the order could not conduct the party's case without further particulars.
 (3) A respondent who applies to the Court for an order under subrule (1) before filing the respondent's defence must satisfy the Court that an order is necessary or desirable to enable the respondent to plead.
Note: The intent of the pleading rules is that a party should include all material facts in its pleadings as initially filed so that there is no unfairness to another party by any lack of particularity. If the party has not done so, the Court may at trial refuse to allow the party to present a case that is outside the terms of their pleading.
Rules 16.46–16.50 left blank

Division 16.5—Amendment of pleadings

16.51  Amendment without needing the leave of the Court
 (1) A party may amend