Reading time: 3 minutes

Once your LegalVision team has filed your statement of claim, the other side has 28 days, from the day you served the documents, to file a defence. If the other side fails to file the defence within that time period, you will then be able to make an application for a default judgment. 

When the defence is filed, you will have an opportunity to understand the argument that the other side plans to make against you. It also gives you the chance to see where you may agree on some facts and disagree about others.

What is a Defence?

A defence can look very similar to a statement of claim and is usually called a ‘pleading’. The defence must follow rules of the court, just as a statement of claim does. In particular, it has to address each allegation in one of three ways:

  1. admit the allegation;
  2. deny the allegation; or
  3. non-admission – where they believe the allegation is outside their knowledge and they are unable to admit or deny it. 

If the defence is found to be unreasonable, it can be ‘struck out’. This means that the defence is not able to be used as it does not follow the court rules. The other side will then have to amend the defence and refile it. 

What Will My LegalVision Team Be Doing? 

Once the LegalVision team receives the defence, they will be reviewing it and considering the strength of the other side’s arguments. As part of the process of drafting the statement of claim, your LegalVision team would have been anticipating the other side’s response. This will make reviewing it an easier process.

Your LegalVision team will also be seeking instructions and comments from you about the claims the other party has made.

What Do I Need To Do?

If you are at this stage of the proceedings, there are a few things that your LegalVision team may need you to do. This includes:

  1. providing instructions  you may need to provide instructions or comments on the defence that the other side has served;
  2. considering an offer of settlement – your LegalVision team may discuss other options, such as making an offer to settle the case. There can be many benefits to settling that you and your legal team will consider together.

This article is part of a larger publication on the NSW Local Court Process. To read about the next step in the NSW Local Court process, click here.

Webinars

Day in Court: What Happens When Your Business Goes to Court

Thursday 2 June | 11:00 - 11:45am

Online
If your business is going to court, then you need to understand the process. Our free webinar will explain.
Register Now

How to Manage a Construction Dispute

Thursday 9 June | 11:00 - 11:45am

Online
Protect your construction firm from disputes. To understand how, join our free webinar.
Register Now

Startup Financing: Venture Debt 101

Thursday 23 June | 11:00 - 11:45am

Online
Learn how venture debt can help take your startup to the next level. Register for our free webinar today.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2022 Law Firm of the Year Winner 2022 Law Firm of the Year - Australasian Law Awards