Notice of appearance (Rule 154(3)) (Form 14)

Under rule 154 of the Supreme Court Rules 2000 (Tas), a person served with a writ or originating application who wishes to take part must, within the period limited on it, file a notice of appearance in a registry and serve it under rule 157. The notice must be in the prescribed form (r 154(3)), which is Form 14. The usual period is 7 days after service if served in Tasmania, and 21 days if served elsewhere in Australia (rr 98-99). The notice gives the appearing party's address for service, which must be a place where documents can be left during business hours and to which they can be posted (r 128). Appearing does not by itself defend the claim: a defence is due 21 days after the later of delivery of the statement of claim or the time for appearance (r 266(1)).

When you need it

• You have been served with a writ, or an originating application requiring an appearance, and want to defend or take part.
• You are a third party or another person required to appear.
• Some originating applications do not require an appearance (r 154(2)). Check the list before filing.
• If you want to contest the Court's jurisdiction or the validity of service, use a conditional appearance (Form 15) instead.

1. 1

   Copy the heading

   Use the registry, proceeding number and party names exactly as on the writ or originating application.

2. 2

   Name who is appearing

   Insert the name of the party filing the appearance and their role (defendant, respondent or third party). Several defendants appearing by the same practitioner at the same time go in one notice (r 162).

3. 3

   Give an address for service

   Specify the address with particularity. If appearing by a practitioner, the notice states the practitioner's name and address; if in person, your address and an address for service in Tasmania (rr 128, 159). A notice without these is not filed (r 160).

4. 4

   Sign, date and address

   The party, person or practitioner signs and dates it. Address it to the plaintiff or applicant or their practitioner, and complete the footer.

• Lodge the notice with a duplicate at any registry of the Court (rr 155, 157(1)). If you lodge at a registry other than where the case is pending, that registry checks it can be filed (r 156). Approved firms may lodge by email (r 87A).
• The registrar seals the duplicate and returns it. The sealed duplicate is the certificate that the appearance was filed (r 157(2)-(3)).
• As soon as practicable, serve the sealed duplicate on the plaintiff's or applicant's practitioner, or on them if acting in person, at the address for service in the writ or by prepaid post to it (r 157(4)-(5)).
• A late appearance can be filed any time before judgment, but it does not give you any extra time for your defence unless the Court orders (r 164).

• Do not wait: if no appearance is filed in time, the plaintiff may seek default judgment under Part 11 Division 2.
• A minor or person under disability can appear only by a litigation guardian, and the practitioner must file a Form 22 affidavit at the same time (rr 292-293).
• An email address in the footer allows other parties to serve you by email (rr 79, 87F).