A Statement of Claim is an extremely important court document containing the plaintiff’s claim against you (the defendant). As a first step, you should read the Statement of Claim served upon you and understand what is being claimed against you. It will typically state which Magistrates’ Court it has been filed in. Typically, it will be the one which is closest to where the dispute originated. It will also state what orders the plaintiff is seeking against you, for example payment of money.
Once you are served with a Statement of Claim, you have 21 days to file with the Court and serve on the Plaintiff a Notice of Defence. It is important to seek legal advice as your defence must follow and comply with the Magistrates’ Court General Civil Procedure Rules 2010. If you do not file and serve a Notice of Defence, the Plaintiff may obtain a judgement in default against you. That is, by not filing a Notice of Defence, you are taken to have admitted the allegations and the Court will make the orders sought by the Plaintiff against you.
The jurisdictional limit of the Magistrates’ Court is $100,000.
What should a Notice of Defence contain?
A Notice of Defence should address, in numbered paragraphs, each of the allegations made by the Plaintiff in their Statement of Claim.
A Notice of Defence should state which of the facts in the Statement of Claim are admitted, denied or not admitted. If a particular fact is denied, the Notice of Defence should give reasons for denying the fact. If you seek to prove an alternative version, or a different fact to what is stated in the Statement of Claim, then you should state the fact that you intend to prove (together with the necessary particulars).
Other relevant matters you should consider
When you receive a Statement of Claim you should consider whether you should make a counterclaim or issue a Third Party Notice.
Counterclaim
If appropriate, you may make a counterclaim against the Plaintiff 21 days after filing a Notice of Defence. A counterclaim can be related or unrelated to the the claim that has been filed by the Plaintiff.
Third Party Notice – joinder of third party
A Defendant or a Plaintiff may, within 30 days of filing a Notice of Defence, file a Third Party Notice and Notice Claiming Contribution for any claim for:
- any contribution or indemnity from a third party (that is someone who is not currently a party to the proceedings);
- any relief or remedy relating to or connected with the original subject matter of the proceeding and substantially the same as some relief or remedy claimed by the plaintiff; or
- any question relating to or connected with the original subject matter of the proceeding should be determined not only as between the plaintiff and the defendant but also as between either or both of them and the third party.
Joining additional parties can increase both the complexity and cost of the proceedings. You should exercise care before issuing a Third Party Notice.
Engaging a lawyer for your defence
It is strongly recommended that you obtain legal advice before filing a Notice of Defence and as soon possible after receiving the Statement of Claim.
Prior to your consultation with a lawyer, it is advisable that you:
- Carefully read the Statement of Claim;
- Make notes about what your response is to each of the allegations;
- Make a chronology of events and list of important facts in the matter;
- Collate and make copies of relevant evidences in support of your defence; and
- Prepare a list of question you might want to ask your lawyer.
You should bring your notes and any other relevant documents to your consultation. The better organised your documents and notes the easier it will be for your lawyer to advise you.
ASAP Lawyers
ASAP Lawyers “has your back” when it comes to litigation. Our lawyers will act in your interests and fight to protect your rights in Court. If your matter requires an additional expertise, we have good relationships with expert barristers who we can engage on your behalf.
If you have received a Statement of Claim, contact ASAP Lawyers on 03 9450 9400 to arrange a consultation. We can help you navigate through the often complex and stressful aspects of litigation and fight to get the best results possible.