---
title: "Advise on an application for particulars of a pleading"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/advise-on-an-application-for-particulars-of-a-pleading"
type: "task"
site: "AI Law Framework"
id: "A5-LA20261022-14"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Advise on an application for particulars of a pleading

> From the pleading, list the allegations the instructions say do not give fair notice, and whether a defence has been filed. Do not decide that the particulars are inadequate and do not draft the request.

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/advise-on-an-application-for-particulars-of-a-pleading  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the pleading, list the allegations the instructions say do not give fair notice, and whether a defence has been filed. Do not decide that the particulars are inadequate and do not draft the request. |
| What the lawyer must review | The lawyer decides whether rule 16.45 is met and what particulars to seek. The lawyer writes the application. The note to the rule says the Court may at trial refuse to allow a case outside the pleading. That is for the lawyer to consider. It is not a result the tool states. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: From the pleading, list the allegations the instructions say do not give fair notice, and whether a defence has been filed. Do not decide that the particulars are inadequate and do not draft the request.
- What the lawyer does: The lawyer decides whether rule 16.45 is met and what particulars to seek. The lawyer writes the application. The note to the rule says the Court may at trial refuse to allow a case outside the pleading. That is for the lawyer to consider. It is not a result the tool states.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Confirm the complaint is lack of fair notice and prejudice, which is the test in rule 16.45(1).
2. If no defence has been filed, confirm rule 16.45(3) is addressed.
3. Confirm the application is not used as a substitute for the material facts the note says should be in the pleading as filed.
4. Confirm the tool has not drafted the request.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Federal Court Rules 2011 (Cth) r 16.45](https://classic.austlii.edu.au/au/legis/cth/consol_reg/fcr2011186/s16.45.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/advise-on-an-application-for-particulars-of-a-pleading/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*