Commonwealth Numbered Regulations

1990 No. 474 FAMILY LAW RULES (AMENDMENT) - RULE 8

8.1 Omit the rule, substitute: Contents of pleadings

"5. (1) A pleading shall:

   (a)  be as brief as practicable; and

   (b)  subject to rule 6 of this Order:

   (i)  contain a statement in summary form of the material facts on which a
        party relies; and

   (ii) not include the evidence by which the facts are to be proved; and

   (c)  contain the necessary particulars of any material fact pleaded; and

   (d)  state specifically the orders sought; and

   (e)  where a claim for relief arises under any enactment other than the Act
        - specify any relevant provision of that enactment.

"(2) Without limiting the generality of subrule (1), particulars shall be
included if they are necessary to:

   (a)  enable another party to plead; or

   (b)  define the questions for trial; or

   (c)  avoid taking a party by surprise at the trial.

"(3) Without limiting the generality of subrule (1), where a party intends to
prove a different version of the facts from that pleaded by an opposing party,
the first-named party shall plead the material facts on which he or she
relies.

"(4) Where a pleading refers to documents or spoken words, it is sufficient to
state their effect. Order for particulars

"5A. (1) A court may:

   (a)  on the application of a party; or

   (b)  on its own motion; order a party to file and serve on any other party
        within 21 days or such other time as the court directs:

   (c)  particulars or further particulars of any matter stated in a pleading
        or in an affidavit ordered to stand as a pleading; or

   (d)  a statement of the nature of the case on which the party relies.

"(2) A court shall not make an order under this rule:

   (a)  before pleadings have closed unless, in the opinion of the court, the
        order is necessary or desirable:

   (i)  to enable another party to plead; or

   (ii) for some other sufficient reason; or

   (b)  on the application of a party, unless that party has previously
        requested the particulars or further particulars using Form 27A.".