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Reply (Form 8)

UCPR Form 8 is the NSW reply a plaintiff files to answer new matters in a defence. The Local Court requires leave; the Supreme and District Courts do not.

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Word document from New South Wales Courts' website.

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Format
Word (DOCX)
Category
Court form
Form number
Form 8
Version
v12da6d89
Last updated
14 October 2026

Supreme Court of NSW · District Court of NSW · Local Court of NSW · Uniform Civil Procedure Rules 2005

Preview of the first page of Reply (Form 8)
Preview - first page of the form

For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.

What Form 8 is for

A reply is the pleading a plaintiff (or cross-claimant) files in response to a defence, usually to deal with new facts or defences the defendant has raised. Form 8 is the approved form and cites Uniform Civil Procedure Rules 2005 (NSW) r 14.4. According to the Judicial Commission's Civil Trials Bench Book, no leave is needed to file a reply in the Supreme and District Courts, but leave is needed in the Local Court (r 14.4); any pleading after a reply needs leave in all courts (r 14.5); and rr 14.4 and 14.5 do not apply in the Local Court's Small Claims Division (Sch 1). If no reply is filed, there is an implied joinder of issue on the defence (r 14.27(2)), so a reply is only needed when there is something to add.

When you need it

  • The defence raises new facts or a defence (for example a limitation defence, release or set-off) that you need to answer.
  • You are in the Supreme or District Court, or the Local Court has given leave to reply.
  • Not needed simply to deny the defence, as issue is joined automatically if there is no reply.

How to fill it in

  1. 1

    Court details, title and filing details

    Copy the heading from the statement of claim. Name the party filing and, if e-filing, what the reply relates to, such as the plaintiff's claim or a numbered cross-claim.

  2. 2

    Pleadings and particulars

    Set out the reply in numbered paragraphs, responding to the specific paragraphs of the defence and giving particulars of any new facts you rely on.

  3. 3

    Certificate about damages claims

    A legal representative must choose either that the reply does not need a certificate under clause 4 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014, or certify that any claim for damages in it has reasonable prospects of success.

  4. 4

    Signature

    The solicitor signs, or the party signs if not legally represented, with capacity and date.

  5. 5

    Affidavit verifying, where required

    The form's verifying affidavit is not used in Local Court proceedings. Where verification applies, the deponent swears that the facts alleged are true, the facts denied are untrue, and after reasonable inquiry they do not know whether facts not admitted are true.

Filing, lodging and service

  • File in the registry where the proceedings are, or through the NSW Online Registry after opening the existing case.
  • The time for filing a reply is 14 days after service of the defence (UCPR r 14.4(3)); in the Local Court you need leave first. Check any timetable the court has set.
  • Serve a copy of the filed reply on the other parties.

Common mistakes

  • Only reply where you need to. A reply that just repeats the statement of claim adds nothing because issue is joined on the defence anyway.
  • Plead to each new matter in the defence specifically, in numbered paragraphs, so the issues are clear.
  • If you use the verifying affidavit, include a statement that generative AI was not used (Practice Note SC Gen 23); this form version does not contain one.

Frequently Asked Questions

Do I need permission to file a reply in NSW?

Not in the Supreme or District Court. In the Local Court you need leave (UCPR r 14.4). Any pleading after a reply needs leave in every court (r 14.5).

What happens if I do not file a reply?

There is an implied joinder of issue on the defence (UCPR r 14.27(2)), so the defendant's allegations are treated as disputed.

Checked against the official sources on 26 October 2026

General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.

Field map

14 boxes on the Reply (Form 8) fill from your matter.

Our Firm
Firm email, Firm name, Firm phone
Client
Client full name(s)
Matter
Matter / file reference
Court
Court file number
Operator
Operator signature (image), User First Name, User Full Name (first + surname)

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