Notice of dispute (Form 42)

Part 22 of the Federal Court Rules 2011 lets a party narrow the issues by serving a notice to admit facts or documents (Form 41). The party served may, within 14 days after service, serve a notice of dispute in accordance with Form 42 disputing the truth of any fact or the authenticity of any document in the notice to admit (r 22.02). Anything not disputed in time is taken to be admitted for the purposes of the proceeding (r 22.04). Disputing has a cost risk too: if a disputed fact or document is later proved, the party who disputed it must pay the costs of proving it (r 22.03).

When you need it

• You have been served with a notice to admit (Form 41) and do not accept some of the facts or documents in it.
• You want to set out clearly which facts and documents you admit and which you dispute, using the four sections on the form.
• You need to act within 14 days of being served with the notice to admit, or the facts and documents will be taken as admitted (r 22.04).

1. 1

   Copy the heading of the proceeding

   Use the file number, District Registry, Division and party names exactly as they appear on the originating application or notice of appeal (rr 2.13, 2.14). If there are two or more applicants or respondents, add "and another" or "and others" after the first name, as the form prompts.

2. 2

   Disputed facts

   If you dispute any facts, keep this section, insert the date of the notice to admit and list each disputed fact as it appears in that notice.

3. 3

   Disputed documents

   If you dispute the authenticity of any document, list each one, using the description in the notice to admit.

4. 4

   Facts and documents admitted

   The form also has sections to record facts and documents you admit. Use them so the position on every item is clear. Delete any section you do not need.

5. 5

   Date and sign

   Sign as the party or the party's lawyer and delete the prompts that do not apply.

• Serve the notice of dispute on the party who served the notice to admit, within 14 days after you were served (r 22.02). Rule 22.02 speaks of serving it; it is not described as a document to be filed.
• If you miss the 14 days, you are taken to admit every fact and document in the notice to admit (r 22.04). The Court can dispense with that rule (r 1.34), but you would need to apply.
• Keep a record of when and how you served it.

• Go through the notice to admit item by item. Anything you leave out of Form 42 is treated as admitted.
• Do not dispute things you know to be true just to keep options open: under r 22.03 you can be ordered to pay the costs of proving them.
• If you have admitted something by mistake, you need the Court's leave to withdraw the admission (r 22.06).