A pleading states the material facts. Particulars supply the detail that makes those facts capable of being answered. Order 8 Division 2 of the National Court Rules 1983 governs them.
Rule 29
(1) A party pleading shall give the necessary particulars of any claim, defence or other matter pleaded by him.
(2) Rules 30 to 34 do not affect the generality of sub-rule (1).
Rule 29 puts the obligation on the pleader. Particulars are to be supplied with the pleading, not extracted afterwards. The specific rules that follow are examples, not an exhaustive list.
The purpose is practical: to tell the other side the case they must meet, so they can plead to it and prepare for trial without surprise.
Rules 30 to 34
| Rule | Requirement |
|---|---|
| 30 | Particulars of any fraud, misrepresentation, breach of trust, wilful default or undue influence relied on |
| 31 | A party pleading any condition of mind shall give particulars of the facts relied on. “Condition of mind” includes any disorder or disability of mind, any malice and any fraudulent intention, but does not include knowledge |
| 32 | In a claim for damages in tort, a party pleading negligence (whether contributory or otherwise) or breach of statutory duty shall give particulars — a statement of the facts, not of the evidence — and, where more than one act or omission is relied on, state each separately so far as practicable |
| 33 | Full particulars in death and personal injury claims — see below |
| 34 | On a common law claim including moneys paid or payable, particulars of those moneys |
An allegation of fraud is a serious one, and Rule 30 requires the facts to be spelled out — who did what, when, with what representation, and why it was false. A bare allegation is exposed to Rule 27 as a pleading tending to cause prejudice, embarrassment or delay.
Note the exclusion in Rule 31(2): knowledge is not a condition of mind for that rule — but Rule 36(2) lets the Court order particulars of knowledge and of notice where they are alleged as facts.
Rule 33 — the detailed list
Where damages claimed consist of or include damages in respect of the death of any person or in respect of personal injuries, the statement of claim endorsed on the writ shall set forth full particulars, as far as practicable in this order —
- The date and place of birth of each plaintiff;
- A summary of the material facts giving rise to the cause of action;
- Particulars of the injuries sustained by each plaintiff;
- Where relevant, a summary of the medical treatment received;
- Where relevant, whether there is any permanent disability and its particulars;
- Particulars required by any Act under which the claim is brought;
- Each item of special damages, including wages and other economic loss, present and future;
- Particulars of the alleged negligence;
- Where relevant, average weekly earnings less income tax in the months before the injury, and the period employed;
- Where relevant, the average weekly amount the plaintiff is earning or able to earn in suitable employment after the injury;
- Where relevant, payments, allowances or benefits received from the employer during incapacity;
- Where relevant, particulars of persons dependent on the plaintiff’s earnings.
(2) The claim shall conclude with a summary of the relief claimed, without quantifying either general damages or costs. So do not put a figure on general damages.
(3) “Personal injuries” includes any disease and any impairment of a person’s physical, nervous or mental condition.
(4) These particulars shall, for all purposes of these Rules, be treated as a statement of claim — so the deemed-admission rule applies to them.
Personal injury and death claims must in any event be commenced by writ — Order 4 Rule 2(1)(c).
Rule 35
(1) Particulars shall be set out in the pleading or, if that is inconvenient, in a separate document referred to in the pleading, which shall be filed and served with the pleading.
(2) Where particulars of debt, expenses or damages exceed three folios and have already been given to the other party before the pleading is filed, and the pleading shows the date on which they were given, they need not be filed or served — but the Court may order that a copy be filed and served.
Rule 36 — when they are not given
(1) The Court may, on terms, order a party to file and serve (a) particulars of any claim, defence or other matters stated in his pleading, or in any affidavit ordered to stand as his pleading; or (b) a statement of the nature of the case on which he relies.
(2) Where a party alleges that a person had knowledge or notice of some fact, the Court may order particulars of the facts relied on (knowledge) or of the notice.
(3) The Court shall not make an order before the filing of the defence unless, in its opinion, the order is necessary or desirable to enable the defendant to plead, or for some other special reason.
The ordinary and cheapest course is a written request for particulars to the other side, specifying the paragraph and what is wanted. Most requests are met. Apply under Rule 36 only if they are not.
Sub-rule (3) is a real constraint: before the defence is filed, an order will be made only where particulars are necessary or desirable to enable the defendant to plead. A defendant who cannot sensibly plead to an allegation of fraud has that argument; a defendant seeking tactical detail does not.
Rule 23(2) — the close of pleadings takes effect notwithstanding that a request or order for particulars has been made but has not been complied with.
So an outstanding request does not suspend the timetable. If you need particulars, pursue them promptly, and seek directions at the listings mention if they are not forthcoming. Particulars are also distinct from discovery: particulars clarify the pleaded case; discovery produces documents.
Sources
- National Court Rules 1983 — O 1 r 6; O 4 r 2; O 8 rr 13, 23, 27, 29–36; O 9
Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.