LAWS398 Lecture Notes - Lecture 9: Aristocrat Leisure, Anshun, Fairfax Media
14 Jul 2020
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Week 9 pleadings and gathering documentary evidence readings. Readings: chapter 4 pp99-100 and pp104-120 and p125, chapter 6 pp159-184, chapter 5 pp128-135 and pp139-146 (if time) of civil procedure. Once all pleadings have been filed and served, including any amendments to pleadings required and allowed by the court, the pleadings are said to have closed. There may be numerous of pleadings including: separate defences for each defendant, crossclaims, cross-defences, replies to defence. In many other pleadings there will just be a soc and defence (response) Pleadings should be as brief as possible. Pleadings must state material facts but not provide evidence of those facts. Pleadings must set out the relief (remedies) sought from the court. Pleadings must be easily navigable set out clearly and sequentially. After the defendant has been served with the originating process, it must decide whether it wishes to defend the proceedings and if so, on what basis.
