Queensland Consolidated Regulations

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Matters to be specifically pleaded

150 Matters to be specifically pleaded

(1) Without limiting rule 149 , the following matters must be specifically pleaded—
(a) breach of contract or trust;
(b) every type of damage claimed including, but not limited to, special and exemplary damages;
See also rule 155 (Damages).
(c) defence under the Limitation of Actions Act 1974 ;
(d) duress;
(e) estoppel;
(f) fraud;
(g) illegality;
(h) interest (including the rate of interest and method of calculation) claimed;
(i) malice or ill will;
(j) misrepresentation;
(k) motive, intention or other condition of mind, including knowledge or notice;
(l) negligence or contributory negligence;
(m) payment;
(n) performance;
(o) part performance;
(p) release;
(q) undue influence;
(r) voluntary assumption of risk;
(s) waiver;
(t) want of capacity, including disorder or disability of mind;
(u) that a testator did not know and approve of the contents of a will;
(v) that a will was not properly made;
(w) wilful default;
(x) anything else required by an approved form or practice direction to be specifically pleaded.
(2) Also, any fact from which any of the matters mentioned in subrule (1) is claimed to be an inference must be specifically pleaded.
(3) If the plaintiff’s claim is for a debt or liquidated demand only (with or without a claim for interest), the plaintiff must state the following details in the statement of claim—
(a) particulars of the debt or liquidated demand;
(b) if interest is claimed—particulars as required by rule 159 ;
(c) the amount claimed for the costs of issuing the claim and attached statement of claim;
(d) a statement that the proceeding ends if the defendant pays the debt or liquidated demand and interest and costs claimed before the time for filing notice of intention to defend ends;
(e) a statement of the additional costs of obtaining judgment in default of notice of intention to defend.
(4) In a defence or a pleading after a defence, a party must specifically plead a matter that—
(a) the party alleges makes a claim or defence of the opposite party not maintainable; or
(b) shows a transaction is void or voidable; or
(c) if not specifically pleaded might take the opposite parties by surprise; or
(d) raises a question of fact not arising out of a previous pleading.
(5) If the plaintiff’s claim starts a wrongful death proceeding, the plaintiff must state in the statement of claim the person or persons for whose benefit the claim is brought.

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