s 16.57
In forceImplied joinder of issue after amendment
Chapter 2Original jurisdiction—proceedings generally
Part 16Pleadings
Division 16.5Amendment of pleadings
16.57 Implied joinder of issue after amendment
(1)
If a party does not amend a defence or reply when entitled to do so under rules 16.55 or 16.56, the party’s existing defence or reply operates as a pleading in answer to the other party’s amended pleading.
(2)
Rule 16.11 does not apply to the pleadings but, if no further pleading between the parties is filed, there is taken to be, at the close of pleadings, an implied joinder of issue in relation to the second pleading.
Research tools for this sectionPro
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.