COURT PROCEDURES RULES 2006 - REG 102 Notice of intention to respond or defence—filing and service

COURT PROCEDURES RULES 2006 - REG 102

    (1)     In a proceeding started by an originating claim, a defendant must file any notice of intention to respond, defence, or notice of intention to respond and defence, not later than the later of the following:

        (a)     28 days after the day the claim is served on the defendant;

        (b)     if the defendant makes an unsuccessful application under rule 40 (Setting aside originating process etc) to have the claim set aside—7 days after the day the application is refused.

    (2)     However, if, before the defendant files a defence, an application for summary judgment under rule 1146 (Summary judgment—for plaintiff) is served on the defendant, but the court does not on the application dispose of all the claims for relief against the defendant, the court may set a time within which the defendant must file a defence.

Note     Pt 6.2 (Applications in proceedings) applies to an application to set a time.

    (3)     In a proceeding started by an originating application, a defendant must file a notice of intention to respond not later than the later of the following:

        (a)     on or before the return date for the application;

        (b)     if the defendant makes an unsuccessful application under rule 40 to have the originating application set aside—7 days after the day the application is refused.

Note     Return date for an application is defined in the dictionary.

    (4)     The registrar must seal the notice of intention to respond or defence and any filed copies of the notice or defence.

Note     The registrar may reject a notice of intention to respond or defence that is filed (see r 6140 (Rejecting documents—noncompliance with rules etc) and r 6141 (Rejecting documents—inconvenient address for service).

    (5)     The defendant must serve a sealed copy of the notice of intention to respond or defence on the plaintiff at the plaintiff's address for service on the day it is filed in the court.

Note     Address for service is defined in the dictionary.