Australian Capital Territory Repealed Regulations

This legislation has been repealed.

MAGISTRATES COURT (CIVIL JURISDICTION) RULES 2004 (REPEALED) - REG 122

    (1)     Subject to subsection (2), a party to proceedings may, by written notice served on another party, require that other party to give—

        (a)     further and better particulars of any claim, ground of defence or other matter stated in a pleading of that other party filed in the proceedings; or

        (b)     a statement of the nature of the case on which that other party relies.

    (2)     A party to proceedings is not entitled to require further and better particulars under subsection (1) if a certificate of readiness for hearing has been filed unless the certificate has been withdrawn or struck out.

    (3)     If a party to proceedings fails to give further and better particulars, or a statement, required under subsection (1) within 14 days after the date when the notice under that subsection was served on him or her, the court may, on the application of the party who served the notice, order that the further and better particulars or the statement, as the case may be, be given to the lastmentioned party.

    (4)     If the court makes an order under this section, it may, if it thinks just, direct that if the order is not complied with within a specified time, any proceedings instituted or any pleading filed by the party in default be struck out or that any such proceedings be stayed until the order is complied with.

    (5)     The court shall not make an order under this section before the filing of a notice of grounds of defence in any proceedings unless, in the opinion of the court—

        (a)     it is necessary or desirable that the order be made to enable the defendant to plead; or

        (b)     there are other circumstances that justify the making of the order.