BASIC REQUIREMENTS FOR PLEADINGS Before canvassing the principal of pleadings, it is important to keep in mind 2 main functions of pleadings: To define clearly and precisely the issues or questions which are in dispute between the parties which are to be decided by the court; and To give reasonable and fair notice of what is claimed. PRINCIPLE RULES OF PLEADINGS Principle Rules UCPR 2005 FCR 2011 Starting Proceedings R 6.2: Originating process FCR 8.01(1): Originating Application Statement of claim (see R 6.3 where A person who wants to start a proceeding – statement of claim required); or in the Court’s original jurisdiction must file an originating application, in Summons (see R 6.4 where summons accordance with Form 15. – required) FCR 8.05(1)(a) Matters in the Commercial List or the An originating application must be Technology and Construction List Supreme accompanied by: – Equity Division Practice Note SC Eq 3 if the applicant seeks relief that includes damages a statement — Para 8 of claim, in accordance with A matter in the Commercial List or the Form 17; or Technology and Construction List shall be if paragraph (a) does not a — commenced in the general form of Summons statement of claim or an affidavit. prescribed under the UCPR. There is to be filed with the Summons a List Statement, for the Commercial List a List Statement” Federal Court Practice Note Corp 1: “Commercial and for the Technology and Construction List a Process and Pleadings in “Interlocutory and Construction List Statement”, Corporations Matters” “Technology setting out, in summary form, in the form of Annexure 1:
BASIC REQUIREMENTS FOR PLEADINGS Before canvassing the principal of pleadings, it is important to keep in mind 2 main functions of pleadings: To define clearly and precisely the issues or questions which are in dispute between the parties which are to be decided by the court; and To give reasonable and fair notice of what is claimed. PRINCIPLE RULES OF PLEADINGS Principle Rules UCPR 2005 FCR 2011 Starting Proceedings R 6.2: Originating process Statement of claim (see R 6.3 – where statement of claim required); or Summons (see R 6.4 – where summons required) Matters in the Commercial List or the Technology and Construction List – Supreme Equity Division Practice Note SC Eq 3 Para 8 A matter in the Commercial List or the Technology and Construction List shall be commenced in the general form of Summons prescribed under the UCPR. There is to be filed with the Summons a List Statement, for the Commercial List a “Commercial List Statement” and for the Technology and Construction List a “Technology and Construction List Statement”, setting out, in summary form, in the form of Annexure 1: FCR 8.01(1): Originating Application A person who wants to start a proceeding in the Court’s original jurisdiction must file an originating application, in accordance with Form 15. FCR 8.05(1)(a) An originating application must be accompanied by: if the applicant seeks relief that includes damages — a statement of claim, in accordance with Form 17; or if paragraph (a) does not — a statement of claim or an affidavit. Federal Court Practice Note Corp 1: “Interlocutory Process and Pleadings in Corporations Matters”
BASIC-REQUIREMENTS-FOR-PLEADINGS.docx