Last blog we looked at the Statement of Claim and its
relevance to debt recovery proceedings. This blog we shall examine the process
involved in filing a defence when you are a defendant in a matter.
Filing a defence
The filing of a Defence is the process by which a person is
able to dispute owing monies to the plaintiff. If you are disputing that any
money is owed then it is crucial that within twenty eight (28) days of a
Statement of Claim being served on you that you file a Defence.
A Defence is a document which is filed with the court which
sets out the following:
- Who
you believe the plaintiff is, e.g. an individual or a corporation;
- Who
you believe the defendant is, e.g. an individual or a corporation;
- Whether
you “admit” any parts of the Statement of Claim;
- Whether
you “do not admit” any parts of the Statement of Claim;
- Whether
you “deny” any parts of the Statement of Claim.
Once filed, the Defence must then be served upon the plaintiff.
After filing the defence the court registry will notify you
as to when the matter is listed for a Case Conference. A Case Conference will
provide the opportunity for the parties to examine all options of settlement
and to discuss the issues in dispute, if no settlement is reached, the registrar
will make further directions as to the timeline of the matter.
If you have an outstanding debt and require help in recovery
of this debt, please do not hesitate to contact James at Bird Legal on 6331
7700 or email him at james@birdlegal.com.au.
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