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form-18-defence-and-counter-claim by keralaguest

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									                      MAGISTRATES COURT OF QUEENSLAND
                                                                     REGISTRY:
                                                                     NUMBER:

Plaintiff:

                                                       AND

Defendant:



Filed in the                     registry on (date):

                                 DEFENCE AND COUNTERCLAIM

The [first] defendant relies on the following facts in defence of the claim:

1.         [The defendant admits the allegations in paragraphs                       of the statement of
           claim.]

2.         [The [first] defendant does not admit the allegation in paragraph .     of the
           statement of claim. The [first] defendant has made reasonable inquiries and
           remains uncertain of the truth or otherwise of the allegation and is unable to
           admit it because (give explanation).


           [The [first] defendant believes the allegation cannot be admitted because                    (give
           explanation).]




3.         [The [first] defendant denies the allegation in paragraph ...                            of the
           statement of claim because ... (give explanation).]




     Defence and Counterclaim filed on behalf of the defendant
     Form 18 R. 149

                                                                                          www.bailiff.com.au
     (Name, address for service, telephone number and fax number of solicitor or party filing document.)
4.      (set out as briefly as the nature of the case permits the material facts on which the
        defendant relies in accordance with the requirements of Chapter 6 of the Uniform
        Civil Procedure Rules)




5.      etc.



                                        COUNTERCLAIM

Filed in the Brisbane registry on (date).

This counterclaim is made by the [First] Defendant against:

1.      The [First] Plaintiff;

2.      The [Third] Plaintiff;

3.      The [Second] Defendant;

4.      (Name any other relevant person not already a party in the proceeding) called “[First]
        Defendant added by counterclaim”;

5.      (As per 4)



This counterclaim is made in reliance upon the following facts:

(Set out as briefly as the nature of the case permits a statement of all the material facts relied
on in accordance with the Uniform Civil Procedure Rules, Chapter 6.)




                                                                                   www.bailiff.com.au
The (First) Defendant claims the following relief:

(Set out in full all relief claimed by the counterclaim in the same way as is required for a
claim1).




Signed:             ([first] defendant or solicitor)

Description:        (of signatory)

[This pleading was settled by (name) of Counsel.]2




NOTICE AS TO REPLY AND ANSWER

To the Plaintiff(s): You have 14 days within which to file and serve an answer to this
counterclaim. If you do not do so, Rule 166 provides allegations of fact in the counterclaim
are taken to be admitted by you unless denied or stated to be not admitted by you in a
pleading.

To the [Second] Defendant: You have 14 days within which to file and serve an answer
to this counterclaim. If you do not do so, Rule 166 provides allegations of fact in the
counterclaim are taken to be admitted by you unless denied or stated to be not admitted
by you in a pleading.

[To each Defendant added by Counterclaim: TAKE NOTICE that you are being sued by the
[First] Defendant in the Court. If you intend to dispute this claim or wish to raise any
counterclaim, you must within 28 days of the service upon you of this counterclaim file a
NOTICE OF INTENTION TO DEFEND in this Registry. If you do not comply with this
requirement, judgment may be given against you for the relief claimed and costs without
further notice to you. The Notice should be in Form 6 to the Uniform Civil Procedure Rules.
You must serve a sealed copy of it at the [First] Defendant’s address for service shown in this
counterclaim as soon as possible.]

Address of Registry:


       1
           Include Notice under Rule 150(3) if the counterclaim is for a debt or liquidated demand only.
       2
           This sentence can be omitted from the Defence above.

                                                                                                           www.bailiff.com.au
Particulars of the [First] Defendant: (Here give the particulars required of a Plaintiff and
Plaintiff’s Solicitor in Form 2. Include name and address of each party to be served with the
counterclaim.)




                                                                               www.bailiff.com.au

								
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