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.