Order 8 of the National Court Rules 1983 governs pleadings. Rule 1 confines the Division to proceedings commenced by writ of summons and, subject to the Rules, not to proceedings commenced by originating summons.
Order 8 Rule 3
Unless the Court gives leave to the contrary or a statement of claim is endorsed on the writ, the plaintiff must file and serve on the defendant — or, if there are two or more defendants, on each defendant — a statement of claim, and must do so either when the writ, or notice of the writ, is served on that defendant, or at any time after service of the writ or notice but before the expiration of 14 days after that defendant gives notice of his intention to defend.
| Route | Timing | Effect on the defence |
|---|---|---|
| Endorsed on the writ | Delivered with the writ itself | Defence due within 14 days after the time limited for the notice of intention to defend expires — r 4(1)(a) |
| Filed and served separately | With the writ, or later — but before 14 days after the defendant gives notice | Defence due within 14 days from service of the statement of claim — r 4(1)(b) |
Where the statement of claim is separate, the outer limit is measured from each defendant’s own notice of intention to defend. With several defendants filing notices on different dates, there are several different deadlines — and the obligation is to serve each of them.
Miss it, and you are asking for an extension under Order 1 Rule 15, or facing an application to dismiss for want of prosecution.
It removes a deadline, and it satisfies Order 4 Rule 9 in one step — that rule requires the writ to bear either a statement of claim or a sufficient statement of the nature of the claim and the relief claimed.
The core requirements
Rule 7 — the pleading shall be divided into paragraphs, each matter so far as convenient in a separate paragraph, numbered consecutively.
Rule 8(1) — a pleading shall contain only a statement in a summary form of the material facts on which he relies, but not the evidence by which those facts are to be proved.
Rule 9 — a pleading shall be as brief as the nature of the case admits.
- The parties — who they are, and any capacity relied on.
- The relationship — the contract, the duty, the transaction.
- What happened — the material facts, in chronological order.
- The breach or wrong — identified specifically, with particulars where required.
- The loss — and how it was caused.
- The relief claimed — the prayer, itemised.
Rule 13 — the common counts
Where the plaintiff claims money payable for — goods sold and delivered; goods bargained and sold; work done and materials provided at the defendant’s request; money lent; money paid for the defendant at his request; money had and received; interest; or money found due on accounts stated — it shall be sufficient to plead the facts in the manner appearing in sub-rule (1).
Rule 13(3) — the defendant may, within the time limited for filing his defence, serve a notice in Form 19 requiring the plaintiff to plead the facts in accordance with the Division other than Rule 13. Sub-rule (8) allows that notice to be added to the notice of intention to defend.
Rule 13(4) — the plaintiff must then amend within 14 days, and the defendant’s time to file a defence does not expire before 14 days after service of the amended statement of claim.
So the shorthand buys speed at the outset but may cost time later. Where the claim is at all complex, plead it out properly the first time.
Rules 11, 12 and 17
Rule 11 — a party need not plead a fact if the fact is presumed by law to be true, or the burden of disproving it lies on the other party — except so far as necessary to meet a specific denial.
Rule 12 — where a condition precedent is necessary for a party’s case, a statement that the thing has been done or the event has happened shall be implied in the pleading. So conditions precedent need not be spelled out — though where the State is a defendant, the separate section 5 notice requirement is best pleaded expressly.
Rule 17 — a party may plead any matter notwithstanding that the matter has arisen after the commencement of the proceedings.
Where a document or spoken words are referred to, the effect shall, so far as material, be stated, and the precise terms shall not be stated except so far as those terms are themselves material.
So a contract is pleaded by its effect, not by reciting it in full — unless the exact wording is the point in issue.
The sequence of pleadings
| Pleading | Form | Time |
|---|---|---|
| Statement of claim | Endorsed, or separate | r 3 |
| Defence | Form 16 | 14 days — r 4 |
| Reply | Form 17 | 14 days after service of the defence, where needed — r 5 |
| Defence to cross-claim | Form 18 — combined with the reply in one document | r 5(2) |
| Anything after a reply | — | Only by leave — r 6 |
Where, in the opinion of the Court, the issues between the parties can be defined without further pleadings, or for any other reason the proceedings can properly be tried without further pleadings, the Court may on application by a party order that the proceedings be so tried — and may direct the parties to prepare a statement of the issues, or settle the statement itself if they cannot agree.
A useful power where the dispute is narrow and the parties are simply generating paper.
Sources
- National Court Rules 1983 — O 1 r 15; O 4 r 9; O 8 rr 1–17, Div 2; Forms 16–19
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.