Defence (Form 17)

A notice of intention to defend must have the defendant's defence attached (r 139, Uniform Civil Procedure Rules 1999 (Qld)), and Form 17 is the approved defence. As a pleading, it must be brief, state the material facts relied on but not the evidence, and be in numbered paragraphs (rr 146, 149). For each allegation the defendant may plead an admission, a denial or a non-admission (r 165). A denial or non-admission must come with a direct explanation of why the allegation is untrue or cannot be admitted, and an allegation not properly denied or not admitted is taken to be admitted (r 166). Matters that make the claim not maintainable or show a transaction is void or voidable must be specifically pleaded (r 150(4)).

When you need it

• You are filing a notice of intention to defend (Form 6) and need the defence to attach to it.
• You are a defendant whose conditional notice of intention to defend has become unconditional. You must file a defence within 7 days (r 144(6)).
• If you also want to counterclaim, Queensland Courts publishes a separate defence and counterclaim form (Form 18).

1. 1

   Copy the heading from the claim

   Use the same court, registry, number and parties, and title it as the defence of the relevant defendant, for example the first defendant.

2. 2

   Answer every paragraph of the statement of claim

   Say which paragraphs you admit. For any you do not admit, state that you made reasonable inquiries, remain uncertain, and explain why it cannot be admitted (r 166(3)-(4)). For any you deny, explain why the allegation is untrue.

3. 3

   Plead your own material facts

   Set out, as briefly as the case permits, the material facts you rely on in your defence. Specifically plead matters such as a limitation defence, payment, release, contributory negligence or anything that makes the claim not maintainable (r 150).

4. 4

   Elect a jury if you want one

   In the Supreme or District Court, the defendant may elect trial by jury in the defence unless an Act excludes it (r 472). The form notes this is for those courts only.

5. 5

   Sign and note counsel

   The defendant or solicitor signs and describes the signatory. If counsel settled the defence, state counsel's name.

6. 6

   Keep the notice as to reply

   The form ends with a notice telling the plaintiff they have 14 days to file and serve a reply. Every pleading other than a reply must carry this notice (rr 146(2), 164).

• Attach the defence to the notice of intention to defend and file both in the registry from which the claim was issued, within 28 days after the claim was served (rr 137, 139, 141).
• Serve a sealed copy at the plaintiff's address for service on the day of filing or as soon as practicable afterwards (r 142).
• The plaintiff then has 14 days after service of the defence to file and serve any reply, unless the court orders otherwise (r 164(2)).
• Legal practitioners can lodge Form 17 in claim proceedings in the Supreme Court at Brisbane through the Queensland Courts and Tribunals Online Services Portal (Principal Registrar Approval 1 of 2025).

• A bare denial is not enough. If you deny or do not admit an allegation without the explanation rule 166(4) requires, you are taken to have admitted it (r 166(5)).
• If you plead a non-admission, you cannot call evidence about that fact unless it relates to another part of your pleading (r 165(2)), and you must amend if later inquiries let you admit or deny it (r 166(6)).
• Do not deny what you should admit. The court can order a party to pay the extra costs caused by an unreasonable denial or non-admission (r 167).