Memorandum of Appearance (Form 1AA)

A defendant who wants to defend a District Court writ action enters an appearance within the time stated on the writ. Order 12 of the Rules of the Supreme Court 1971 (WA) governs appearances, but rule 22A of the District Court Rules 2005 requires the memorandum filed in the District Court to be in Form 1AA. The memorandum must state the party's geographical address and service details in accordance with Order 71A (O 12 r 2(2)), and the same form can be used to notify the identity of an interested non-party, such as a litigation funder, under Order 9A (DCR r 22A(3)).

When you need it

• You have been served with a writ in the District Court and intend to defend the claim.
• You are a third party served with a third party notice and are entering an appearance.
• You need to disclose an interested non-party: someone, other than your lawyer, who funds your case and controls or influences how it is run (RSC O 9A rr 1, 2).

1. 1

   Complete the heading

   Insert the action number from the writ, the parties' names, and the registry (Perth unless the writ was issued elsewhere, note 1).

2. 2

   Say who is appearing

   Delete the party titles that do not apply (Defendant or Third party) or add a further party title, such as 'second defendant'.

3. 3

   Disclose any interested non-party

   Name any person who is an interested non-party, or leave the box blank if there is none.

4. 4

   Give the geographical address

   For an individual, where you usually live (or work, if you have no home address); for a company, its registered office. A post office box is not enough. It must be given unless the Court orders otherwise under RSC O 71A r 3A (O 71A rr 1, 2).

5. 5

   Give the service details

   Name the lawyer if one is acting, and give a postal address for service (required). An email address or fax number is optional, but if you give one you are taken to consent to service that way (O 71A r 3).

6. 6

   Sign and date

   Signed by the lawyer acting for the party or, if self-represented, by the party (O 12 r 2(1)). A company must appear through a lawyer (O 12 r 1(2)).

• File within the time for appearance stated on the writ (10, 16 or 21 days in WA depending on distance from Perth, O 5 r 11). Lawyers eLodge through the ECMS; self-represented parties who are not registered users may email districtcourt@justice.wa.gov.au or lodge at the registry (PNC 1.2.1).
• On the same day you enter the appearance, serve the stamped memorandum on the plaintiff at the address for service shown on the writ (O 12 r 4; O 72 r 5).
• When the first appearance is filed, a registrar may summons the parties to a case management hearing at least 14 days later (DCR r 31).
• The plaintiff then has 14 days to serve a statement of claim if it was not served with the writ (O 20 r 1), and your defence is due 14 days after the later of the appearance deadline and service of the statement of claim (O 20 r 4).

• Appearing late is allowed until judgment is entered, but you get no extra time for the defence (O 12 r 5). After default judgment, you need the Court's leave to appear.
• If you dispute the Court's jurisdiction or the validity of service, consider a conditional appearance and apply within 14 days to have the question decided (O 12 r 6).
• The Court's Word file still refers to DCR rule 22C for the geographical address, which was deleted in 2025. The current form in the rules refers to RSC Order 71A rules 2 and 3A.