Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 434

(SCR o 23 r 7 and r 9; MC(CJ)R s 122; NSW r 15.10; Qld r 161)

    (1)     A party may apply to the court for an order for better particulars of the opposite party's pleading.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (2)     The court may make any order under this rule it considers appropriate, including, for example, an order about the future conduct of the proceeding.

Note 1     Rule 6901 (Orders may be made on conditions) provides that the court may make an order under these rules on any conditions it considers appropriate.

Note 2     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).

    (3)     Unless the court otherwise orders, the making of an application under this rule does not extend the time for pleading.

    (4)     Particulars required under an order under this rule must repeat the relevant part of the order so the particulars are self-explanatory.

Note     Div 6.10.3 (Exchange of correspondence before making application in proceeding) applies to an application under this rule. See esp r 6745 (Div 6.10.3 application—making application).