Notice of intention to defend (UCPR) (Form 6)

In a proceeding started by claim, a defendant who wants to defend must file a notice of intention to defend within 28 days after the day the claim is served (r 137, Uniform Civil Procedure Rules 1999 (Qld)). It must be in the approved form, Form 6, have the defence attached, and be signed and dated (r 139). Without one, the defendant cannot take any step in the proceeding except with the court's leave (r 135), and the plaintiff may seek default judgment. A defendant who wants to challenge the court's jurisdiction or assert an irregularity files a conditional notice of intention to defend (Form 7) instead (r 144).

When you need it

• You have been served with a claim and statement of claim and want to dispute all or part of it.
• You want to bring a counterclaim against the plaintiff. Attach a defence and counterclaim.
• You object that the proceeding was started in the wrong district. That objection must be included in the notice (r 38(2)(b)).
• Not if you want to challenge jurisdiction or an irregularity. Use the conditional notice in Form 7 (r 144).

1. 1

   Copy the heading from the claim

   Use the court, registry, proceeding number and party names exactly as they appear on the claim.

2. 2

   Identify the defendant

   Insert which defendant is giving notice. If you are sued under a business name, the notice must be in the name of a person, not the business name, and you must also file and serve a statement of the names and residences of everyone carrying on the business when the proceeding started (r 91).

3. 3

   Attach the defence

   Keep the sentence referring to the attached defence, and 'and counterclaim' if you are counterclaiming. A notice without a defence attached does not comply with rule 139.

4. 4

   Add the district objection if it applies

   If you say the proceeding was not started in the correct district, keep the bracketed paragraph saying so.

5. 5

   Give your particulars

   Complete the defendant's name, residential or business address, solicitor's details and address for service, or if you have no solicitor, your own address for service, phone number, and fax and email if any (rr 17, 140).

6. 6

   Sign and date

   The defendant or solicitor signs, describes the signatory and dates the notice (r 139(2)). The registry completes the filing details and seal.

• File the notice, with the defence attached, in the registry from which the claim was issued (r 141), within 28 days after the day the claim was served on you (r 137).
• Serve a sealed copy at the plaintiff's address for service on the day you file it or as soon as practicable afterwards (r 142).
• If you are late, you can still file and serve a notice at any time before judgment (r 138), but the plaintiff may already be able to apply for default judgment.
• Legal practitioners can lodge Form 6 in claim proceedings in the Supreme Court at Brisbane through the Queensland Courts and Tribunals Online Services Portal (Principal Registrar Approval 1 of 2025).
• Check the current fee schedule in case a fee applies.

• Diarise the 28 days from the day you were served, not the day the claim was filed.
• Filing an unconditional notice means you submit to the court's jurisdiction and waive any irregularity (r 144(7)). Decide first whether you need a conditional notice.
• You may defend in person or through a solicitor. A person under a legal incapacity can only defend through a litigation guardian (r 136).