Legal Matters: What To Know When Filing A Notice Of Intention To Defend

Filing a notice of intention to defend — what you need to know

No one wants to find themselves in this position, but if you have been served with a Court Claim (issued by a State Court in Queensland - such as the Magistrates, District or the Supreme Court), it’s important to understand your next steps. While this can be an overwhelming time, especially if it’s your first time receiving a Court Claim, you will need to make a decision as to whether you intend to defend yourself in court.

Filing a notice of intention to defend asks the defendants to take specific actions within a strict and limited time frame. Failing to do so can mean being ordered by the court to, for example, but without limitation, pay the plaintiff’s damages, interest and costs, without having an opportunity to formally contest the allegations and be heard at a hearing.

What happens when you are served with a Claim and Statement of Claim

A Claim refers to the document outlining what a plaintiff (the person who has served the Claim upon you) wishes to claim from you (the defendant) by Order of the Court. In Queensland, defendants are usually served with a Claim and Statement of Claim. The Court Claim details what the plaintiff is seeking against you, such as monetary compensation or specific actions to rectify the situation, whilst the Statement of Claim pleads statements of fact, the law, and your wrongdoing, alleged to substantiate and warrant the Orders of the Court sought against you.

The court that will hear your matter depends on the monetary value of the Claim:

• Claims of up to $150,000 will be heard in the Magistrates Court
• Claims between $150,000 and $750,000 will be referred to the District Court
• Claims with an amount over $750,000 will be referred to the Supreme Court

Should you wish to dispute the allegations of the Claim, you must file a notice of intention to defend, defence and, potentially, a counterclaim with the court within 28 days of being served. The plaintiff must also wait 28 days before any further court steps can take place, such as seeking a default Court Judgment against you for failing to file a notice of intention to defend within the 28-day period. You should ensure to read the Court Claim and Statement of Claim carefully, as it does highlight some of your strict obligations in the matter, but to be safe, you should very quickly seek to obtain legal advice and representation in respect of the Claim and Statement of Claim, as a failure to properly and competently respond to the Court proceeding can have devastating legal and financial consequences.

Responding to a claim, what are your options?

When filing your notice of intention to defend and defence in Court, you generally must respond to each allegation outlined in the Statement of Claim by either denying it, admitting it or making a non-admission, as well as comply with a large host of other technical procedural and Court rules for drafting, filing and serving Court documents. Given the seriousness and complexity of these matters, it’s highly recommended that you promptly seek counsel from a seasoned legal professional who can walk you through the process and represent you in the legal matter.

Get the support you need when filing a notice of intent to defend with ADVIILAW

When the unexpected strikes, know you have the right team on your side. ADVIILAW is a boutique law firm specialising in dispute resolution law. Our highly skilled and qualified litigation lawyers can work with you to achieve the best outcome through tailored counsel and support. If you wish to defend yourself in court, contact us today to discuss the details of your case.