Tasmanian Numbered Regulations

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SUPREME COURT RULES 2000 (S.R. 2000, NO. 8) - REG 244

Plea of title unnecessary
(1)  A defendant in an action for the recovery of land who is in possession of the land personally or by tenant is not required to plead title unless –
(a) the defence depends on an equitable estate or right; or
(b) the defendant claims relief on any equitable ground against any right or title asserted by the plaintiff.
(2)  It is a defence for the defendant to state that he or she is in possession of the land.
(3)  A statement that the defendant is in possession of the land is a denial of the allegation of fact contained in the statement of claim.
(4)  A defendant in an action for the recovery of land who is in possession personally or by tenant may rely on any ground of defence.



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