Bounces and buckets – A new season, and pleading fraud

Today’s bucket ($0.02 on a random topic) – it’s felt like forever but finally the NBA is back!

The bounce ($0.02 on a legal principle) – pleading fraud: do it clearly, or not at all.

Ah yes, another season of the NBA is upon us. Should be a cracking one, with off season trades making the league more even than it has been in years.

I’m particularly keen to see Ben Simmons in Philly, and Joe Ingles in Utah – two great Aussies on really good teams. Both playing game 1 today. Welcome back NBA!

Now, let’s talk pleading fraud.

If you’re going to take the very serious step of making the allegation, it must be pleaded distinctly and with particularity and clearly proved – and if you do plead it (or if it’s pleaded against your client), the defendant is entitled to hold the plaintiff to the pleaded case (Krakowski v Eurolynx (1995) 183 CLR 563 at 573).

And, it will generally not be appropriate to mount fraud as a fallback claim, eg to an allegation of misleading conduct (see Forrest v ASIC (2012) 247 CLR 486 at [26]).

So, pleading fraud is one of those things that needs to be committed to fully, or not done at all.

See ya. JD #bouncesandbuckets

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