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DaniDee

Well-Known Member
6 November 2019
18
0
71
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

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Yes, as long as it is the proper form. You may also be hit with a costs order for costs thrown away.
 
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DaniDee

Well-Known Member
6 November 2019
18
0
71
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'