Bounces and buckets – New umbrella and the role of particulars in pleadings

Today’s bounce ($0.02 on a random topic) is my sweet new umbrella. The bucket ($0.02 on a legal principle) is the role of particulars.

Check out my new umbrella. Courtesy of the legendary Justin Wong of Streeton Lawyers! This is my first barristerial one, so I’m excited!

It’s high quality – an ergonomically designed handle, solid metal tip, and a stylish navy blue.

And it even rained this week! That said, I didn’t have it, so I got drenched. Next time!

Now, to particulars. What is their role? In

Goldsmith v Sandilands [2002] HCA 31 at [2], Gleeson CJ said that the facts in issue in a civil case emerge from the pleadings – and facts relevant to facts in issue emerge from the particulars and evidence.

The function of particulars is not to expand on the issues defined by the pleadings, but to “fill in the picture of the plaintiff’s cause of action with information sufficiently detailed to put the defendant on [his or her] guard as to the case [he or she] has to meet and to enable [him or her] to prepare for trial”.

So, think of particulars as providing information about the facts. If a factual matter is important, maybe it should be pleaded as a material fact.

JD #bouncesandbuckets

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