Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 16.03

  (1)   A party must plead a fact if:

  (a)   it is necessary to plead it to meet an express denial of the fact pleaded by another party; or

  (b)   failure to plead the fact may take another party by surprise.

  (2)   However, a party need not plead a fact if the burden of proving the fact does not lie on that party.