BASIC REQUIREMENTS FOR PLEADINGS Before canvassing the principal of pleadings, it is important to keep in mind 2 main functions of pleadings: To define clearly and precisely the issues or questions which are in dispute between the parties which are to be decided by the court; and To give reasonable and fair notice of what is claimed. PRINCIPLE RULES OF PLEADINGS Principle Rules UCPR 2005 FCR 2011 Starting Proceedings R 6.2: Originating process Statement of claim (see R 6.3 – where statement of claim required); or Summons (see R 6.4 – where summons required) Matters in the Commercial List or the Technology and Construction List – Supreme Equity Division Practice Note SC Eq 3 Para 8 A matter in the Commercial List or the Technology and Construction List shall be commenced in the general form of Summons prescribed under the UCPR. There is to be filed with the Summons a List Statement, for the Commercial List a “Commercial List Statement” and for the Technology and Construction List a “Technology and Construction List Statement”, setting out, in summary form, in the form of Annexure 1: FCR 8.01(1): Originating Application A person who wants to start a proceeding in the Court’s original jurisdiction must file an originating application, in accordance with Form 15. FCR 8.05(1)(a) An originating application must be accompanied by: if the applicant seeks relief that includes damages — a statement of claim, in accordance with Form 17; or if paragraph (a) does not — a statement of claim or an affidavit. Federal Court Practice Note Corp 1: “Interlocutory Process and Pleadings in Corporations Matters”
(1) A party must not in any pleading make an allegation of fact, or raise any ground or claim, inconsistent with any of his or her previous pleadings. (2) Subrule (1) does not affect the right of a party to make allegations of fact, or raise grounds or claims, in the alternative. A party must not plead inconsistent allegations of fact or inconsistent grounds or claims except as alternatives. Specifying the relief or remedy sought The pleading should contain particulars of damages sought and the basis on which they have been worked out or estimated. A failure to adequately particularise damages will expose you to a request for further particulars which will have time and cost implications. R 6.12 Contents of Statement of Claim and Summons (1) A statement of claim or summons must specifically state the relief claimed by the plaintiff. (2) If the relief claimed requires the determination or direction of the court on any question, the statement of claim or summons must state the question. (3) Costs referred to in section 329(1)(c) of the Legal Profession Act 2004 (costs payable for the enforcement of a lump sum debt or liquidated sum for damages) must be specifically claimed. (4) Costs, other than those referred to in section 329(1)(c) of the Legal Profession Act 2004, need not be specifically claimed. (5) Exemplary damages and aggravated compensatory damages must be specifically claimed. (6) An order for interest up to judgment must be specifically claimed. FCR 16.02(1)(f) A pleading must state the specific relief sought or claimed. FCR 16.02(4) A party is not entitled to seek any additional relief to the relief that is claimed in the originating application. See FCR 8.03(1) FCR 2011 Div 16.4 [particulars]