Tsiklidis and Tsiklidis & Anor (Pleading Application)

In the matter of *Tsiklidis and Tsiklidis & Anor (Pleading Application)*, Benjamin J of the Federal Circuit Court of Australia considered an application by the second respondent, a company, seeking to be removed as a party to the proceedings or, in the alternative, for an order for security for costs. The wife had joined the company as a third party, seeking orders against it.

The court was required to determine whether the second respondent should be removed as a party and whether the wife, who was impecunious, should be ordered to provide security for costs. A further issue was the adequacy of the wife's pleadings against the third party and other shareholders.

Benjamin J directed the wife to file and serve a detailed Statement of Claim setting out the precise nature of her claims against the second respondent and its shareholders. This statement was to include the specific orders sought, the legal basis for each claim (including whether they were brought under accrued jurisdiction, the *Corporations Act 2001* (Cth), or specific sections of the *Family Law Act 1975* (Cth)), and sufficient particulars of law and fact to enable the respondents to understand the allegations. The wife was also required to file affidavits supporting her claims. The court emphasised the need for clarity in the pleadings to define the disputed matters.

The interlocutory application by the second respondent was adjourned for mention, subject to further orders. Crucially, the court made a self-executing order: if the wife failed to file the required Statement of Claim and supporting affidavits by 7 October 2014, her claims against the second respondent would be struck out, and the second respondent would be removed as a party, subject to costs. The court also certified that it was reasonable to engage senior counsel.