s 16.08
In forceMatters that must be expressly pleaded
Chapter 2Original jurisdiction—proceedings generally
Part 16Pleadings
Division 16.1General
16.08 Matters that must be expressly pleaded
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.
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