Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p4
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 4/154)
Character Range: 225375–228041

to amend a notice of cross‑claim, the Court may also make orders about the procedure for amending the cross‑claim and serving the notice of cross‑claim.

15.19  Service of amended cross‑claim
  If a notice of cross‑claim is amended after it has been served, the cross‑claimant who made the amendment must, as soon as practicable after the amendment is made, serve a copy of the amended notice of cross‑claim on the parties on whom the notice of cross‑claim was served.
Note: The Court may dispense with service of the amended document.

Part 16—Pleadings

Division 16.1—General

16.01A  Application of Division 16.1
  Subject to rule 16.13, this Division does not apply in relation to a pleading that is an alternative accompanying document referred to in rule 8.05.

16.01  Pleading to include name of person who prepared it
  A pleading must:
 (a) state the name of the person who prepared the pleading; and
 (b) include a statement by the person that the person prepared the pleading; and
 (c) for a pleading prepared by a lawyer, other than a pleading referred to in paragraph (d)—include a certificate signed by the lawyer that any factual and legal material available to the lawyer provides a proper basis for:
 (i) each allegation in the pleading; and
 (ii) each denial in the pleading; and
 (iii) each non‑admission in the pleading; and
 (d) for an alternative accompanying document referred to in rule 8.05 that is prepared by a lawyer—include a certificate signed by the lawyer that any factual and legal material available to the lawyer provides a proper basis for the matters set out in the pleading.

16.02  Content of pleadings—general
 (1) A pleading must:
 (a) be divided into consecutively numbered paragraphs, each, as far as practicable, dealing with a separate matter; and
 (b) be as brief as the nature of the case permits; and
 (c) identify the issues that the party wants the Court to resolve; and
 (d) state the material facts on which a party relies that are necessary to give the opposing party fair notice of the case to be made against that party at trial, but not the evidence by which the material facts are to be proved; and
 (e) state the provisions of any statute relied on; and
 (f) state the specific relief sought or claimed.
 (2) A pleading must not:
 (a) contain any scandalous material; or
 (b) contain any frivolous or vexatious material; or
 (c) be evasive or ambiguous; or
 (d) be likely to cause 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