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QLD BAR EXAM - PRACTICE AND PROCEDURE QUESTIONS AND ANSWERS 2024
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QLD BAR EXAM - PRACTICE AND PROCEDURE QUESTIONS AND ANSWERS 2024
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QLD BAR EXAM - PRACTICE ANDPROCEDURE
Where are the rules for pleadings? - ANSWERS-Chapter 6 UCPR: rr 149-208
especially, parts 2, 3, 4 and 5.
(rules of pleading) rr 149-156
Particulars rr 157-163
Progress of pleading rr 164-171
Striking out pleadings ibid.
How is law pleaded? - ANSWERS-Where necessary for sake of clarity and
completion, matters of law should be pleaded.
Points of law must be clearly and separately pleaded, and not interwoven with
pleadings of fact.
How are facts pleaded? - ANSWERS-All material facts should be pleaded and a fact
is necessary to disclose a cause of action.
How are particulars pleaded? - ANSWERS-Circumstances of case determine
degree of particularity.
Cannot plead evidence.
,Purpose of particulars is furnishing pleaded fact to allow the other party to meet
it and avoid surprise.
Provision of particulars are done within case management principles.
Applications for particulars (by other side) can be refused if it amounts to a
request for evidence.
Particulars must be adequate r 157.
How are denials pleaded? - ANSWERS-Denials cannot be evasive or ambiguous,
otherwise an admission is implied, must be accompanied by a direct explanation
(r 166 UCPR / FCR 16.07); Cape York Airlines: cannot plead denial if the party
believes the allegation to be untrue.
Should express any new matters of law/fact.
How do you plead a non-admission? - ANSWERS-Only if you have made
reasonable inquiries, remain uncertain as to truth/falsity of allegation while
remaining under a continuing obligation of disclosure.
How can you plead in defence? - ANSWERS-Admission, non-admission, denial and
implied admission/deemed admission.
What is the binding of effect of pleadings? - ANSWERS-Party cannot move outside
issues pleaded, unless without leave of court.
Timing of pleadings? - ANSWERS-28 Days for defence (r 137 UCPR)
, 14 days for reply (r 164 UCPR)
FCR rr 16.32-16.33.
What are matters to be pleaded specifically? - ANSWERS-Set out in rr 149-150;
eg fraud, interest, damages etc.
Where are the applications about pleadings? - ANSWERS-Further and better
particulars: at rr 161, then 443-444.
Strike out particulars: r 162
Strike out pleadings: r 171
Default judgment: rr 281, 283-290.
When and how can you make an amendment? - ANSWERS-Amendments
generally: rr 377-385
Originating process generally requires leave, r 377.
May amend pleadings without leave any time before request for trial date, r 378
How do you apply for leave to amend pleadings outside of time? - ANSWERS-
When are pleadings closed? - ANSWERS-On service of reply or 14 days after
defence filed (r 169 UCPR).
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