Defence

In District Court actions started by writ, pleadings are governed by Order 20 of the Rules of the Supreme Court 1971 (WA), which applies through rule 6 of the District Court Rules 2005. A defendant who has entered an appearance and intends to defend must serve a defence within 14 days after the time limited for appearing or after the statement of claim is served, whichever is later, unless the Court allows otherwise (O 20 r 4). The defence must answer each allegation: any allegation of fact that is not denied or not admitted is taken to be admitted, and a general denial is not enough (O 20 r 14). The Court publishes this Word template with the standard heading and party details.

When you need it

• You have been served with a writ and statement of claim in the District Court, have entered an appearance (Form 1AA) and intend to defend.
• You want to raise a set-off against the plaintiff's claim, or a counterclaim, which may be included with the defence (O 20 rr 17, 18).
• A company defendant must act through a lawyer (O 12 r 1(2)).

1. 1

   Complete the heading

   Insert the action number and year and the parties' names. Every pleading must show the year the writ was issued, the action number, the title of the action, the description of the pleading and the filing date (O 20 r 7(1)).

2. 2

   Fill in the party details

   Date of document, date of filing, who prepared it, and the defendant's address, phone, fax, email and reference. A pleading must be indorsed with the address for service (O 20 r 7(4)).

3. 3

   Answer each paragraph of the statement of claim

   Use numbered paragraphs (O 20 r 7(2)) and say for each allegation whether it is admitted, denied or not admitted. Every allegation you do not intend to admit must be specifically traversed (O 20 r 14(3)). Allegations about damage and its amount are taken to be denied unless admitted (O 20 r 14(4)).

4. 4

   Plead your own facts

   State the material facts you rely on in summary form, not the evidence (O 20 r 8). Specifically plead matters such as a limitation defence, performance, release, fraud or illegality (O 20 r 9), with particulars (O 20 r 13). Write dates, sums and numbers in figures (O 20 r 7(3)).

5. 5

   Add any counterclaim

   A counterclaim usually follows the defence and is set out like a statement of claim, stating the relief claimed (O 20 rr 2(1), 18).

6. 6

   Sign it

   The pleading is signed by counsel if counsel settled it, otherwise by the solicitor, or by the defendant if acting in person (O 20 r 7(5)).

• File the defence before serving it, and serve the copy within one working day after filing (O 20 r 3(1)). State the date of service on each served copy (O 20 r 7(6)).
• Lawyers must eLodge through the ECMS. Self-represented parties who are not registered users may email districtcourt@justice.wa.gov.au (preferred) or lodge at the registry (PNC 1.2.1).
• Time limit: 14 days after the time for appearance expires or after the statement of claim is served, whichever is later (O 20 r 4(1)). If the plaintiff has served an Order 14 summary judgment summons first, the time runs from the order giving leave to defend (O 20 r 4(2)).
• The plaintiff has 14 days after service of the defence to serve any reply, and 14 days after a counterclaim to serve a defence to it (O 20 r 5(4)).

• A bare 'the defendant denies every allegation' is not a sufficient traverse. Deal with each paragraph.
• Filing the first defence starts important District Court clocks: discovery is generally due within 60 days and entry for trial within 120 days (PNC 1.3; DCR r 37).
• If you do not file a defence, the plaintiff may apply by chamber summons for judgment against you (Procedure Guide, Part 7.2).