Court · Supreme Court of Western Australia · Western Australia

Notice of Intention to Abide (Form 8)

Form 8 tells the Supreme Court of Western Australia that a defendant will not take part in the case and will abide by the Court's orders. The defendant can choose to exclude orders about costs.

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Format
Word (DOCX)
Category
Court form
Form number
Form 8
Version
ve258accb
Last updated
14 October 2026

Supreme Court of Western Australia · Rules of the Supreme Court 1971

Preview of the first page of Notice of Intention to Abide (Form 8)
Preview - first page of the form

For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.

What Form 8 is for

Rule 11 of Order 12 of the Rules of the Supreme Court 1971 (WA), inserted in 2024, applies where a defendant does not intend to take part in an action and intends to accept all orders the Court makes in it, or all orders other than an order as to costs. Such a defendant must file and serve 2 copies of Form 8, signed by its lawyer or, if self-represented, by the defendant (r 11(2)). The notice tells the Court and the other parties that the defendant does not oppose the relief sought and will not participate in the hearing.

When you need it

  • You have been named as a defendant or respondent but do not oppose the orders sought and do not intend to take part.
  • You are content to accept whatever orders the Court makes, including any order about costs.
  • You will accept any order except as to costs, and want that reservation recorded.

How to fill it in

  1. 1

    Complete the heading and parties

    Enter the proceeding number and full party details as plaintiff or applicant and defendant or respondent.

  2. 2

    Tick one box

    Choose either that the defendant will accept any order made by the Court, or that it will accept any order other than as to costs. Tick only one.

  3. 3

    Name the defendant

    If there is more than one defendant or respondent, state the full name of the one filing the notice.

  4. 4

    Sign and date

    The defendant's lawyer, or a self-represented defendant, signs and dates the notice (r 11(2)).

Filing, lodging and service

  • File 2 copies and serve the notice (O 12 r 11(2)). The Court's forms page also lists 2 copies for filing.
  • File through eLodgment on the eCourts Portal (O 67A r 3). Signed documents are filed as a .docx copy stating the signatory's name, and the signed original is kept (O 67A r 4(7)).
  • Serve a copy on the plaintiff and any other parties.

Common mistakes

  • Read the orders sought in the originating process carefully before filing. Choosing the first box means accepting every order, including any costs order against you.
  • If you may want to oppose any part of the relief, enter an appearance with Form 6 and take part instead.
  • A company defendant should have the notice signed by its lawyer, since a body corporate generally acts in the Court only by a legal practitioner (O 4 r 3(2); O 12 r 1(2)).

Frequently Asked Questions

What does a notice of intention to abide mean?

It tells the Court that the defendant will not take part in the proceedings and will accept the Court's orders, either all of them or all except as to costs (O 12 r 11).

Can I still argue about costs?

Tick the second option: you accept every order other than an order as to costs. That leaves costs open rather than accepted in advance.

How many copies do I file?

Two copies, and you must serve the notice on the other parties (O 12 r 11(2)).

Checked against the official sources on 26 October 2026

General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.

Field map

1 box on the Notice of Intention to Abide (Form 8) fill from your matter.

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