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Notice of Intention to Defend

What is a Court “notice of intention to defend”?

If you are served with a Court claim and statement of claim, then you, the “defendant”, are only allowed to take a step in the Court proceeding (i.e. formally defend yourself) if you have first filed a Court document known as a “notice of intention to defend” in the Court registry from which the claim was issued.

A notice of intention to defend must be filed within twenty-eight (28) days after the day the claim is served on the defendant. However, if the Service and Execution of Process Act 1992 (Cth) (‘SEP Act’) applies to the matter, then a notice of intention to defend must be filed within the time limited by the SEP Act.

Following filing, a sealed copy of the notice of intention to defend must be served at the plaintiff’s address for service on the day on which the notice of intention to defend is filed, or as soon as practicable after it is filed. In the event that a defendant does not file a notice of intention to defend within time, the plaintiff may obtain a default Judgment of the Court against the defendant for the full amount of the claim, plus interest plus legal costs as may be permitted.

A defendant who proposes to challenge the jurisdiction of the Court to hear the claim or to assert an irregularity with the claim must file a “conditional notice of intention to defend”. If the defendant files a conditional notice of intention to defend, the defendant must apply for an order under rule 16 of the Uniform Civil Procedure Rules 1999 (Qld) (‘UCPR‘) within fourteen (14) days after filing the notice.

What are the general requirements of a “notice of intention to defend”?

A notice of intention to defend must:

  • be in the approved Court form;
  • have the defendant’s “defence” attached to it;
  • must be signed and dated; and
  • contact details and address for service in accordance with rule 17 of the UCPR as if the defendant were the plaintiff for the purposes of complying with that rule.

If you wish to defend yourself in a Court proceeding, and you wish to have an experienced civil litigation lawyer prepare the necessary Court documents for you and otherwise represent you in the matter, please contact AdviiLaw today to speak to one of our civil litigation lawyers. Contact us on 07 3088 7937 or email us at [email protected].

This commentary is of a general nature only, containing nothing more than some general information for the reader. It is not intended to be legal advice, nor cannot it be relied upon as legal advice. To this end, please read our Website Terms including the disclaimer contained therein carefully. Laws, rules and principles may be subject to sudden and unexpected changes and you should always consult a lawyer about your specific circumstances.

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Celia McQueen
Celia McQueen
10:38 17 May 21
Alice helped us with the purchase of our first home, and we greatly appreciated her attention to detail and clear... communication throughout the process. We would gladly work with her again or recommend her to others. Thanks Alice!read more
Natalie Dugec
Natalie Dugec
10:55 12 Apr 21
I am extremely grateful for the help I received from ADVIILAW. I required their services for a defamation case and... their services exceeded my expectations. At any time I needed them they were always available to help promptly and did so with a high level of professionalism. Zoran Gelic is great to work with. He explained every step in detail so that I could clearly comprehend and make informed decisions to support my case. This assisted with the positive outcome. If you need a lawyer. I highly recommend ADVIILAWread more
Michael Zarafa
Michael Zarafa
21:56 01 Apr 21
I highly recommend Zoran Gelic as a defamation lawyer. He has a proactive approach and explains everything in detail. I... ended up with a positive outcome and the experience I had with him was fantastic. Keep up the great work Zoran.read more
Rodney McEwan
Rodney McEwan
08:26 31 Mar 21
I can highly recommend Zoran Gelic from Adviilaw who attended to a defamation matter on our behalf. Zoran was extremely... knowledgeable, helpful and professional in resolving this matter. I can highly recommend Zoran Gelic to anyone in need of a lawyer, specifically in relation to defamation law matters.read more
Rin Kim
Rin Kim
06:41 01 Mar 21
Excellent services. I highly recommend AdviiLaw for any commercial legal help.
Carly McClintock
Carly McClintock
10:24 21 Dec 20
Alice was very professional, efficient and knowledgeable with her work, while helping us understand the process in... buying our first home. I highly recommend AdviiLaw for all your conveyancing needs.read more
Bill Vo
Bill Vo
22:03 01 Dec 20
Thank you Alice for your dedication and attention to detail towards our first home loan! Alice came highly recommended... by our broker and from day 1 Alice was very professional and courteous.Alice literally went above and beyond throughout the entire process to ensure the outcome would be in our best interest.I highly recommend to contact AdviiLaw, not just for conveyancing but for other solicitor services too!Thank you again Alice!read more
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