Victorian Numbered Regulations

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Particulars of pleading

    (1)     Every pleading shall contain the necessary particulars of any fact or matter pleaded.

    (2)     Without limiting paragraph (1), particulars shall be given if they are necessary—

        (a)     to enable the opposite party to plead;

        (b)     to define the questions for trial; or

        (c)     to avoid surprise at trial.

    (3)     Without limiting paragraph (1), every pleading shall contain particulars of any—

        (a)     misrepresentation, fraud, breach of trust, wilful default or undue influence which is alleged; or

        (b)     disorder or disability of the mind, malice, fraudulent intention or other condition of the mind, including knowledge or notice, which is alleged.

    (4)     The pleading of a party who claims damages for bodily injury shall state—

        (a)     particulars, with dates and amounts, of all earnings lost in consequence of the injury complained of;

        (b)     particulars of any loss of earning capacity resulting from the injury;

        (c)     the date of the party's birth;

        (d)     the name and address of each of the party's employers commencing from the day being 12 months before the party sustained the injury, the time of commencement and the duration of each employment and the total net amount, after deduction of tax, that was earned in each employment.

    (5)     In a proceeding for libel the indorsement of claim on the writ or, if that indorsement does not constitute a statement of claim, the statement of claim shall state sufficient particulars to identify the publication in respect of which the proceeding is commenced.

    (6)     Particulars of debt, damages or expenses which exceed three folios shall be set out in a separate document referred to in the pleading and the pleading shall state whether the document

        (a)     has already been served and, if so, when; or

        (b)     is to be served with the pleading.

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