Statement of Defence to General Procedure Claim (Form 21)

Under r 10 of the Magistrates Court (Civil Proceedings) Rules 2005 (WA), a defendant that has not already lodged its statement of defence with its response must lodge and serve it within 14 days after being served with the statement of claim, or within another time ordered by the registrar (r 10(1)). It must be in the approved form (r 10(2)) and contain the material facts relevant to the defence, any necessary particulars, the legal basis of the defence, and details of anyone the defendant says is liable for the claim with the grounds (r 10(3)). It must not include evidence (r 10(4)). A defendant who also wants to counterclaim uses a statement of defence and counterclaim instead (r 10(1)).

When you need it

• You lodged a response (Form 15) saying you intend to defend, and the claimant has served a statement of claim.
• A registrar at a pre-trial conference has ordered you to lodge and serve a statement of defence (r 41B).
• If you also have a claim against the claimant, use Form 21A, the statement of defence and counterclaim. A third party claim (Form 9) is served with the defence (r 8(2)).

1. 1

   Complete the heading

   Enter the registry, case number and the parties exactly as in the claim.

2. 2

   Summary of the material facts

   Set out the facts relevant to your defence, in date order and specific to what happened. Do not include evidence such as documents or witness statements (r 10(4)).

3. 3

   Particulars of the defence

   Give the necessary details, such as dates, amounts, and which parts of the claim you dispute and why.

4. 4

   Legal basis of the defence

   State the area of law relied on, for example that the debt was paid, the goods were defective or the claim is out of time.

5. 5

   Anyone else liable

   Give the details of any person you say is liable for the claim and the grounds. Leave blank if none.

6. 6

   Sign and give an address for service

   Date and sign as defendant or lawyer, and complete the address for service and contact details (r 102).

• Lodge within 14 days after being served with the statement of claim, unless the registrar orders another time (r 10(1)). If the statement of claim came with the claim, it may be lodged with the response (r 9(1A)).
• Lodge through eLodgment on the eCourts Portal (r 98C; Practice Direction 6 of 2021). A signed document is lodged as a .docx copy stating the signatory's name, and the signed copy is kept (r 98E(3) and (6)).
• The form must be sealed by the Court before it is served. Serve the sealed copy on each other party (r 100).
• The claimant may reply within 14 days (r 12(1)) and must apply for a pre-trial conference within 14 days after being served with the defence (r 39(3)(a)).

• If you do not lodge and serve a statement of defence in time, the claimant can apply for default judgment (r 20(aa)).
• Before a trial date is set you can amend your statement of defence without leave; after that you need leave (r 41D(1A)).
• The Word file holds three copies (registry, claimant's and defendant's). Fact Sheet 6 explains each section in plain terms.