Defending a claim or responding to an originating application

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You can choose to defend a civil claim, or respond to an originating application

It is advised that you seek legal advice in relation to whether you lodge a defence or response.

The following information is to assist you to identify the correct document to complete if you wish to defend a claim or respond to an originating application.

Look at the front page of the court document you have been served. It will say either:

  • claim, or
  • originating application

If it says claim and you wish to lodge a defence you need to lodge a Form 51 Defence and upload a Form 51S Defence Details uploaded with Defence Shell.

If it says originating application and you wish to lodge a response you need to upload a Form 56 Response.

If you wish to rely on any facts in addition to or contrary to those relied on by the applicant you will need to file a Form 12 Affidavit.

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