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Court Procedures Rules
104Ground of defence arising after defence filed etc
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104 Ground of defence arising after defence filed etc
(1) This rule applies if a ground of defence to an originating claim arises
(a) a defendant files a defence; or
(b) the time limited by rule 102 (1) (Notice of intention to respond
or defence—filing and service) for a defendant to file a defence
(2) The defendant may file a further defence not later than 7 days after
the day the ground of defence arises or at a later time with the court’s
(3) The registrar must seal the further defence and any filed copies of the
further defence.
Note The registrar may reject a further defence that is filed (see r 6140
(Rejecting documents—noncompliance with rules etc).
(4) The defendant must serve a sealed copy of the further defence on the
plaintiff at the plaintiff’s address for service on the day it is filed in
Rule 105