Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p36
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 84009–86576

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 desirable for the just and efficient disposition of the matter.

27.07  Demurrer
27.07.1  A party may demur to a pleading of the opposite party or to so much of that pleading as sets up a distinct cause of action, a distinct and severable claim for damages, or a distinct ground of defence, set‑off, counterclaim or reply.
27.07.2  A demurrer shall state whether it is to the whole or part of the claim or pleading of the opposite party, and, if to part, it shall identify that part of the claim or pleading.
27.07.3  A demurrer shall state the ground or grounds in law for the demurrer.
27.07.4  A party may plead and demur to the same matter.
27.07.5  If the claim or defence of a party depends, or may depend, upon the construction of a written document referred to in the pleading, the party demurring may, in its demurrer, set out, or sufficiently identify, the part or parts of the document it alleges are material.
27.07.6  A party demurring to the pleading of the opposite party shall:
 (a) file and serve its demurrer on all other parties to the proceeding, whether or not those parties have appeared; and
 (b) no later than 14 days after the filing of its demurrer, file and serve an application in Form 21 returnable before a Justice seeking directions for the further conduct of the proceeding.

27.08  Questions of law
27.08.1  By leave of the Court or a Justice, the parties to a proceeding may agree in stating the questions of law arising in the proceeding in the form of a special case for the opinion of the Full Court.
27.08.2  The special case shall be divided into paragraphs numbered consecutively.
27.08.3  The special case shall state the facts and identify the documents necessary to enable the Court to decide the questions raised.
27.08.4  Upon the argument of the special case the Court and the parties may refer to the content of the documents identified in the special case.
27.08.5  The Court may draw from the facts stated and documents identified in the special case any inference, whether of fact or law, which might have been drawn from them if proved at a trial.
27.08.6  The special case must:
 (a) be prepared by the plaintiff; and
 (b) be signed by the parties or their counsel or their solicitors; and
 (c) be filed and served on each party to the proceeding who has filed an appearance.