Australian Capital Territory Numbered Regulations

SUPREME COURT RULES (AMENDMENT) (NO. 8 OF 1997) - REG 7

Defence to claims for debt and liquidated demands

“1. (1) A defence to a claim for debt or a liquidated demand shall not merely deny the debt.

“(2) A defence to a claim for debt by way of denial shall deny such matters of fact from which the liability of the defendant is alleged to arise as are disputed.

Defences to motor vehicle and employment personal injuries claims

“1A. (1) This rule applies to a defence to an originating application where the application is accompanied by a statement under rule 12 or 13 of Order 2.

“(2) A defence to which this rule applies shall specifically admit or deny every material allegation of fact in the originating application and statement, including any allegation by way of particulars.

“(3) Where this rule applies—

        (a)     the defendant shall not plead a joinder of issue on any question of fact;

        (b)     if no admission or denial of an allegation in the originating application or statement is specifically pleaded in the defence, the allegation is to be taken to be admitted; and

        (c)     an allegation in the defence that the defendant does not know and therefore cannot admit a fact alleged in the originating application or statement is to be taken to be a denial.

“(4) Where this rule applies and the defendant wishes to prove a version of facts different from that alleged in the originating application or statement, the defendant shall plead that version in the defence.

“(5) In a defence to which this rule applies, the defendant shall plead every ground of defence to be relied upon, together with the facts necessary to establish each such ground.”.

Substitution