FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 16.08 Matters that must be expressly pleaded

FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 16.08

                In a pleading subsequent to a statement of claim, a party must expressly plead a matter of fact or point of law that:

                (a)    raises an issue not arising out of the earlier pleading; or

               (b)    if not expressly pleaded, might take another party by surprise if later pleaded; or

                (c)    the party alleges makes another party's claim or defence not maintainable.