QLD Pleadings

[DaniDee]

Current situation

• Statement of claim
• Defence & Counterclaim
• NNPD's
• Plaintiff files affidavits
• Defendant files affidavits
• Defendant requests amending defence & counter claim - court approves

Seeking clarification:
I am currently amending my defence and counterclaim, am I able to utilise content in plaintiff's affidavits as part of my pleadings?

 

[Rod]

Yes, as long as it is the proper form. You may also be hit with a costs order for costs thrown away.

 

[CSFLW]

Which Court are you

 

[DaniDee]

Which Court are you

Supreme Court - Probate

Which Court are you

 

[CSFLW]

If the Court gave you leave to amend your defence and counterclaim, is this because the other party argued they were deficient?

 

[DaniDee]

Oh no.... the defence needs to updated with the info obtained by non-party disclosures for the pleadings to be accurate.
Plaintiff wanted the defence to stay because it was 'deficient'

 

[CSFLW]

Okay.

I assume you have leave to amend.

If that is the case are you amending the defence to increase the quantum of your claim?

Or, assuming you have disclosure, are you amending your defence to quantify the amount you seek?