Defence review
A defence that drifts from the pleadings rules can be struck out or deemed an admission. This checklist walks through the standard review steps.
This is a 12-step review checklist for a NSW defence. It covers admissions, non-admissions, denials, positive defences, set-off and counter-claims.
The checklist
Check the time to file
Defence is due within 28 days of service of the statement of claim. Confirm compliance.
Check each allegation is addressed
Every paragraph of the claim must be admitted, denied or non-admitted. Silence is deemed admission.
Check the form of denial
Denials must be specific and not evasive — plead positive facts where inconsistent with the claim.
Check the form of non-admission
Non-admissions must be genuine — not used to avoid engaging with a clearly known fact.
Plead positive defences
Limitation, release, accord and satisfaction, estoppel, contributory negligence and set-off must be pleaded.
Check statutory defences
ACL, Limitation Act and apportionment defences require specific pleading.
Consider a cross-claim
Cross-claims against plaintiffs or third parties must be filed with the defence where practicable.
Check particulars
Positive defences need particulars — e.g. particulars of contributory negligence.
Check parties and capacity
Confirm the defendant is correctly named and that any capacity issues (e.g. trustee) are raised.
Check verification
Verify if required — particularly for defences in money claims.
Cross-check with the statement of claim
Ensure every paragraph of the claim has a corresponding response.
Proof and file
Proof for typographical errors and consistent numbering. File and serve within time.
When this checklist applies
Use this checklist before filing any defence. Missing a response triggers deemed admissions.
Common pitfalls
- Silent paragraphs — deemed admissions
- Evasive denials that plead nothing
- Failing to plead limitation and apportionment
- Missing the cross-claim window
- Not verifying the defence
Run this checklist on a real matter
Quillio reviews defences against the UCPR and the statement of claim, in current NSW format. See /practice-areas/litigation-lawyers.
This checklist is a general guide. Adapt for Federal Court, class actions and specialist lists.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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