Division 2Division 2 Defence and further pleadings
14.2 Trial without further pleadings
(cf SCR Part 15, rule 2)
(1) If in the opinion of the court:(a) the issues between the parties can be defined without further pleadings, or(b) for any other reason the proceedings may properly be tried without further pleadings,the court may order that the proceedings be so tried.(2) A court that makes an order under subrule (1) may direct the parties to prepare a statement of the issues involved in the proceedings or, if the parties do not agree on a statement, may settle a statement itself.
(cf SCR Part 15, rule 3; DCR Part 10, rule 1; LCR Part 9, rule 1)
(1) Subject to these rules, the time limited for a defendant to file a defence is 28 days after service on the defendant of the statement of claim or such other time as the court directs for the filing of a defence.(2) If, before the defendant files a defence, a notice of motion for summary judgment under rule 13.1 is served on the defendant, but the court does not on that motion dispose of all of the claims for relief against the defendant, the court may fix a time within which the defendant must file a defence.Note. See rule 9.11 (2) under which a defence to a cross-claim for contribution under section 5 of the Law Reform (Miscellaneous Provisions) Act 1946 may not be filed unless the court so directs.
(cf SCR Part 15, rule 4)
(1) In proceedings in the Supreme Court or the District Court, a plaintiff may file a reply to a defence.(2) In proceedings in the Local Court, a plaintiff may file a reply to a defence only by leave of the Court.(3) The time limited for the plaintiff to file a reply is 14 days after service of the defence on the plaintiff.
(cf SCR Part 15, rule 5)
(1) Except by leave of the court, a party to proceedings may not file any pleading subsequent to a reply.(2) The time limited for a party to seek leave to file a pleading subsequent to a reply (the further pleading) is 14 days after service on the party of the pleading to which further pleading responds.