Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 447

    (1)     An allegation of fact made by a party in a pleading is taken to be admitted by any opposite party required to plead in response unless, either expressly or by necessary implication—

        (a)     it is denied in the pleading of the opposite party; or

        (b)     it is stated to be not admitted in the pleading of the opposite party; or

        (c)     a joinder of issue under rule 482 (Pleadings—joinder of issue) operates as a denial of the allegation.

Note     Rule 441 (3) (Pleadings—denials and non-admissions) provides that a pleading in response to a pleading that alleges damage or damages is taken to deny the allegation unless it specifically admits the allegation.

    (2)     However, there is no admission under subrule (1) because of a failure to plead by a party who is, or was at the time of the failure to plead, a person with a legal disability.