Australian Capital Territory Current Regulations Australian Capital Territory Current RegulationsA defendant in a proceeding started by originating claim may rely at the hearing of the proceeding on a ground of defence not stated in a defence or further defence filed and served by the defendant only if—
(a) the plaintiff agrees; or
(b) the court gives leave.
Note 1 Pt 6.2 (Applications in proceedings) applies to an application for leave.
Note 2 Rule 6902 (Leave may be given on conditions) provides that, if the court gives leave under these rules, it may give the leave on the conditions it considers appropriate.