Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A party must state in a pleading, or in a document filed and served with the pleading, the necessary particulars of each claim, defence or other matter pleaded by the party.
Note: See rule 16.45.
(2) Nothing in rules 16.42 to 16.45 is intended to limit subrule (1).
Note 1: The object of particulars is to limit the generality of the pleadings by:
(a) informing an opposing party of the nature of the case the party has to meet; and
(b) preventing an opposing party being taken by surprise at the trial; and
(c) enabling the opposing party to collect whatever evidence is necessary and available.
Note 2: The function of particulars is not to fill a gap in a pleading by providing the material facts that the pleading must contain.
Note 3: A party does not plead to the opposite party's particulars.
Note 4: Particulars should, if they are necessary, be contained in the pleading but they may be separately stated if sought by the opposite party or ordered by the Court.