Notice of Defence / Notice of Intention to Defend (Civil Claims)

Issuing authority

Magistrates/Local Courts — all states and territories (VIC: Magistrates Court of Victoria; QLD: Magistrates Court of Queensland; NSW: Local Court NSW; WA: Magistrates Court WA; SA: Magistrates Court SA)

Official source

How to apply

1. Check the claim documents you were served with — note the court, claim number, plaintiff's name, and the date of service, as all deadlines run from the date of service.
2. Download the correct form for your state: VIC Form 8A at mcv.vic.gov.au/form-finder/notice-defence-form-8a; QLD UCPR Form 6 at courts.qld.gov.au/about/forms; NSW — check your Local Court notice for the relevant defence response form; WA — check magistratescourt.wa.gov.au.
3. In VIC, complete two copies of Form 8A; in QLD complete UCPR Form 6. Also complete any mandatory certifications required (in VIC: Form 4A overarching obligations certification and Form 4B proper basis certification).
4. Address each numbered allegation in the claim — admit, deny, or state that you have no knowledge, giving reasons for any denial.
5. File one copy of the form with the court registry (in person or where available via the court's online lodgment portal) within the required deadline: 21 days of service in VIC; 28 days of service in QLD.
6. Serve a copy on the plaintiff or their lawyer and file proof of service with the court (in VIC, use Form 6A Affidavit of Service).
7. After filing, the court will set a timetable — attend any scheduled mentions or directions hearings as required.
8. If you miss the deadline, apply to the court immediately for an extension of time — do not ignore the claim or a default judgment may be entered against you.

Related topics

Related forms

• Statutory Declaration
• Small Claims — Magistrates Court
• Subpoena (Court Order for Documents or Witness)
• Application for Urgent Injunction
• Coroner's Inquest — Request for Investigation