s 16.11
In forceJoinder of issue
Chapter 2Original jurisdiction—proceedings generally
Part 16Pleadings
Division 16.1General
16.11 Joinder of issue
(1)
If no reply to a defence is filed, a joinder of issue is implied in relation to any allegation of fact in the defence and each allegation of fact is taken to be denied.
(2)
If, in a reply, a party admits, or expressly pleads to an allegation of fact, a joinder of issue operates as a denial of any other allegation of fact in the pleading.
Note:
A joinder of issues means that the fact alleged in the pleading is taken to be denied. Joinder of issue only relates to any pleading subsequent to a defence.
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