Contents and form of notice of defence
8.03 Contents and form of notice of defence
Notice of defence is given by serving a notice of defence in Form 8A on the plaintiff at the address for service stated in the complaint and by filing a copy with the registrar.
A notice of defence must—
contain a statement that the defendant intends to defend the complaint; and
contain a defence as provided by Rule 13.02; and
state—
the name and address of the defendant; and
an address for service at which documents required to be served on the defendant may be left; and
an email address for service of the defendant; and
if the defendant defends by an Australian lawyer, state the name or firm and business address of the Australian lawyer and also, if the Australian lawyer is an agent of another, the name or firm and business address of the principal.
Despite paragraph (2), the address for service of the defendant is—
if the complaint was served on the defendant under the Service and Execution of Process Act 1992 of the Commonwealth, the address for service of the defendant duly stated in a notice of defence in accordance with that Act; or
if the complaint was served on the defendant under the Trans-Tasman Proceedings Act 2010 of the Commonwealth, the address for service of the defendant duly stated in a notice of defence in accordance with that Act.
Subject to paragraph (3)(b), if the complaint was served on the defendant out of Australia, the notice of defence must state an address for service within Australia.
Rule 8.04 revoked by S.R. No. 102/2022 rule 11.
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8.05—8.09 * * * * *
Order 9—Joinder of claims and parties
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