Purpose Of Pleadings

Question 1

What are the parties required to state?(2)

Answer 1

Main claims and defences

Question 2

How do pleadings allow for basically procedural fairness and natural justice

Answer 2

Ensures other party knows what the claim/defence is about

Question 3

To compel each party to state the material facts

Answer 3

Avoids taking an opponent by surprise

Question 4

Gives the court a written record of the case

Answer 4

Allows court to understand the issues so it can manage the case

Question 5

Set time limits to the dispute (give example)

Answer 5

Enables other procedures to be effective as well (eg discovery)

Question 6

Do pleadings prefer an out of court settlement

Answer 6

Yes