Requests for further and better particulars

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Requests for further and better particulars

If you require further and better particulars of the Statement of Claim before filing a Defence and you write to the other side requesting particulars, ensure that the letter states: “Please confirm that you will not take any steps to enter default judgment until 14 days after the particulars are provided. If any steps are taken we will rely upon this letter on the issue of costs”.

There is usually no issue that the Plaintiff will allow 14 days to file the defence after the particulars are provided.

Rule 13.11(2) anticipates this situation, but insists on the delivery of a defence before it will make an order for particulars.

Before you file a Defence refer to the Practice Note for the relevant List because there may be special requirements for Defences in the Lists.

It is important to note that many barristers and solicitors make a rule of requesting particulars, even when the need is scant. For this reason, like interrogatories before them, requests for particulars are examined with increasingly critical eye. In consequence, many of the particulars supplied in response are narrow and even uncooperative.

Last Updated: 24/05/2010

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All Areas of Law > Litigation > County Court Civil (VIC) - Step-by-Step Legal Practice Guide and Precedents

County Court Civil (VIC) - Step-by-Step Legal Practice Guide and Precedents

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This guide deals with the rules and procedures for civil matters in the County Court of Victoria. A comprehensive range of precedents is also included from letters to summons, affidavits, and terms of settlement.

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