Tasmanian Consolidated Regulations

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SUPREME COURT RULES 2000 - REG 252

Defence arising after action commences
(1)  A ground of defence arising after the commencement of an action but before the defence is delivered may be raised in a defence.
(2)  A ground of defence to a set-off or counterclaim arising after it is delivered but before a reply is delivered may be raised in a reply.
(3)  If a ground of defence arises after the period during which it may be raised in a defence or a reply under subrule (1) or (2) , the defendant or plaintiff may deliver a further defence or reply setting out the ground –
(a) within 8 days after that period has elapsed; or
(b) at any subsequent time, by leave of the Court or a judge.
(4)  If a defence which arises after the commencement of an action is raised in accordance with this rule, the plaintiff may file and deliver a notice confessing to the defence, specifying the paragraphs of the defence by which it is raised.
(5)  At the expiration of 7 days after the delivery of the confession, the plaintiff may sign judgment for costs up to the time of the pleading of the defence, unless the Court or a judge otherwise orders.



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