482
In forcePleadings—joinder of issue
Chapter 2Civil proceedings generally
Part 2.6Pleadings
Division 2.6.8Progress of pleading
482 Pleadings—joinder of issue
(1)
A pleading may expressly join issue on a previous pleading.
Example
an express denial
(2)
An express joinder of issue on a pleading operates as a denial of every allegation of fact made in the pleading other than an allegation that is expressly admitted.
(3)
If there is no reply by a plaintiff to a defence, there is an implied joinder of issue on the defence.
(4)
If there is no answer by the opposite party to a reply or subsequent pleading, there is an implied joinder of issue on the reply or subsequent pleading.
(5)
An implied joinder of issue on a pleading operates as a denial of every allegation of fact made in the pleading.
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