Commonwealth Consolidated Regulations

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HIGH COURT RULES 2004 - RULE 27.04

Contents of a Statement of Claim

    A Statement of Claim:

  (a)   shall state the basis on which it is claimed that the matter is within the original jurisdiction of the Court;

  (b)   shall contain in a summary form a statement of all the material facts on which the plaintiff relies, but not the evidence by which those facts are to be proved;

  (c)   where any claim arises by or under any Act, shall identify the specific provisions relied on; and

  (d)   shall contain the necessary particulars of any fact or matter pleaded, including:

  (i)   all particulars necessary to enable the opposite party to plead or to define the questions for trial or to avoid surprise at trial; and

  (ii)   particulars of any misrepresentation, fraud, breach of trust, wilful default, or like matter; and

  (e)   shall state specifically the relief or remedy claimed.



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