257
In forceDefault in delivering reply or subsequent pleading
Part 7Proceedings
Division 17Pleadings
257 Default in delivering reply or subsequent pleading
Subject to rule 228(2), if a party does not deliver a reply or subsequent pleading within the period limited – the pleadings are closed; and any material statement of fact in the pleading last delivered is taken to be denied.
Subrule (1) does not apply to a defence to a counterclaim.
If a plaintiff fails to deliver a reply in answer to a counterclaim within 21 days, or any other period the Court or a judge orders, after the delivery of the counterclaim, any statement of fact contained in the counterclaim is taken to be admitted.
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