Memorandum of Appearance (Form 6)

Order 12 of the Rules of the Supreme Court 1971 (WA) governs appearance. A defendant may enter an appearance and defend by a legal practitioner or in person, but a body corporate may appear only by a legal practitioner unless an Act provides otherwise (r 1). To enter an appearance, the defendant files 2 copies of Form 6 signed by its lawyer or, if self-represented, by the defendant (r 2(1)). The memorandum must state the defendant's geographical address and service details in accordance with Order 71A (r 2(2)). The Court stamps the copy, which then certifies the date the appearance was entered (r 3). Order 12 also applies to an originating summons that requires an appearance (O 58 r 17(5)).

When you need it

• You have been served with a writ of summons in the Supreme Court and intend to defend.
• You have been served with an originating summons in Form 74, which requires an appearance.
• One lawyer acts for two or more defendants: one memorandum may cover them all (r 2(3)).
• If you will not take part and will accept the Court's orders, file a Form 8 Notice of intention to abide instead.

1. 1

   Complete the heading and parties

   Enter the proceeding number and full party details. Delete whichever of Defendant, Respondent or Third Party does not apply.

2. 2

   Give the geographical address

   For an individual this is where they usually live, or work if they have no home address; for a company with a registered office, that office (O 71A r 2). It must be enough to find the place: a PO box is not enough (O 71A r 1). It can be left out only if the Court has ordered so under O 71A r 3A.

3. 3

   Add the lawyer's details if represented

   Give the lawyer's name and the address where the lawyer conducts business (O 71A r 3(2)).

4. 4

   Give the service details

   A postal address for service is required: the lawyer's if represented. A telephone number is required. Email and fax are optional, but if given they may be used for service (O 71A r 3(3)). A self-represented party registered on the ECMS must use the email address recorded there (O 71A r 3(5)).

5. 5

   Sign and date

   The lawyer, or a self-represented defendant, signs and dates the memorandum (r 2(1)).

• Enter the appearance within the time stated in the writ. For service in WA it is at least 10, 16 or 21 days depending on distance from Perth, excluding the day of service (O 5 r 11).
• File through eLodgment on the eCourts Portal (O 67A r 3). Signed documents are filed as a .docx copy that states the signatory's name, and the signed original is kept (O 67A r 4(7)).
• On the day the appearance is entered, serve the stamped copy on the plaintiff in accordance with O 72 r 5 (O 12 r 4).
• A defendant who appears 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 (O 20 r 4(1)).

• Do not wait for judgment to be entered. An appearance after the time limit is still allowed until judgment, but after judgment it needs leave, and a late appearance does not give extra time to serve a defence (O 12 r 5).
• If you dispute the Court's jurisdiction or the validity of service, consider a conditional appearance under O 12 r 6, and apply within 14 days for the question to be decided.
• Give an email address only if you are happy to be served by email at it.