Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 407

(SCR o 23 r 6 (1) and r 15; MC(CJ)R s 106, s 107 and ss 116-119; NSW r 14.14 (2) (b) and (c) and (3), r 14.16, rr 15.3, 15.4, 15.6-15.8; Qld r 150 (1), (2) and (4))

    (1)     Without limiting rule 406, the following matters must be specifically pleaded:

    (a)     an accident the cause of which is unknown and undiscoverable;

    (b)     breach of contract or trust;

    (c)     breach of statutory duty;

Note     See r 432 (Pleadings—negligence and breach of statutory duty).

    (d)     damages of every kind claimed, including, for example, special and exemplary damages;

Note     See also r 417 (Pleadings—kind of damages etc).

    (e)     duress;

    (f)     estoppel;

    (g)     extinction of right or title;

    (h)     fraud or illegality;

    (i)     interest (including the rate of interest and method of calculation) claimed;

    (j)     malice or ill will;

    (k)     misrepresentation;

    (l)     motive, intention or other condition of mind, including knowledge or notice;

    (m)     negligence or contributory negligence;

Note     See r 432 (Pleadings—negligence and breach of statutory duty).

    (n)     payment;

    (o)     performance or part performance;

    (p)     release;

    (q)     statute of limitations;

    (r)     a statute requiring that contracts be in, or evidenced by, writing (for example, statute of frauds);

    (s)     undue influence;

    (t)     voluntary assumption of risk;

    (u)     waiver;

    (v)     want of capacity, including disorder or disability of mind;

    (w)     that a testator did not know and approve of the contents of a will;

    (x)     that a will was not properly made;

    (y)     wilful default;

    (z)     anything else required by a practice note to be specifically pleaded.

Note     An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (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)     In a defence or pleading after a defence, a party must specifically plead any 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)     raises an issue of fact not arising out of a previous pleading.