Pleadings and Particulars, Gathering Evidence in Civil Cases

Question 1

Statement of Claim UCPR r6.3

Answer 1

For tort, debt, property

Question 2

Sumons UCPR r 6.4

Answer 2

for preliminary discovery, ex party proceedings, commercial list, technology and construction list, non monetary relief.

Question 3

Statement of Claim UCPR r6.3

Answer 3

Court
Parties
Type of claim
Relief claimed
Pleadings claimed
Pleadings and particulars
Signature of legal representative
Notice to defendant
How to respond.

Question 4

How long does the Defence have to submitted a pleading?

Answer 4

To be filed within 28 days of service (UCPR r 14.3)

Question 5

What is the definition of traverse

Answer 5

traverse each factional allegation in statement of claim by admitting, denying or not admitting, failure to traverse will result in a deemed admission (UCPR r 14.26)

Question 6

What are pleadings

Answer 6

Documents delivered between the parties to litigation

Question 7

What are pleadings

Answer 7

Documents delivered between the parties to litigation, exchanged within set time periods filed in the registry of the court. document which sets out the material facts of a claim or defence. PARTIES CAN ONLY RELY AT RIAL ON WHAT IS INCLUDED IN THE PLEADINGS.

Question 8

What the the relevant legislation to cite regarding the Amending of a statement of claim?

Answer 8

UCPR r19.1

Question 9

What is an affidavit?

Answer 9

A written statement confirmed by oath or affirmation, for use as evidence in court.

Question 10

Pleading Material Facts

Answer 10

UCPR r14.14 (3)
“GENERAL REQUIRMENTS TO AVOID SUPRISE MEANS THAT MATERIAL FACTS MUST BE STATED IN SUCH A WAY THAT DEFENDAN CAN UNDERSTAND THE MATERIALITY OF THE FACTS….”

Question 11

What are the 3 responses to a statement of claim?

Answer 11

Deny, Admit, Do not admit.

Question 12

What is a ‘Joinder of issue’

Answer 12

UCPR r14.27Defined as taking issue with or disputing a matter

Question 13

Particulars UCPR r15.1

Answer 13

Particulars give details about the material facts pleaded in order to clarify and possibly narrow the issues in dispute.

Question 14

What is the difference between pleadings, particulars and the evidence in court documents?

Answer 14

Pleadings, material facts.
particulars, details of material facts.
Evidence, how you demonstrate the details of the material facts.

Question 15

What is the UCPR?

Answer 15

Uniform Civil Procedure Rules 2005

Question 16

Key take home from this module?

Answer 16

“It all depends on what is necessary to guard the other park against surprise” Allianz Australia Insurance Ltd v Newcastle Formwork Contructions Pty Ltd [2007] NSWCA 144 at [18]