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MAGISTRATES COURT of WESTERN AUSTRALIA
(CIVIL JURISDICTION)STATEMENT OF Defense TO GENERAL PROCEDURE COUNTERCLAIM
FORM 21A
Registry:Case number:Claimant
(In original claim)
Defendant
(In original
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How to fill out statement of defence to
How to Fill out Statement of Defence:
01
Begin by reviewing the statement of claim: Carefully read through the statement of claim filed against you to understand the allegations made by the plaintiff.
02
Gather relevant evidence: Collect any documents or evidence that support your defense. This may include contracts, emails, photographs, or witness statements.
03
Consult with an attorney: It is advisable to seek the assistance of a lawyer experienced in civil litigation. They can guide you through the process and help you draft a strong statement of defense.
04
Identify legal defenses: Determine the legal defenses that may apply to your case. Common defenses include lack of jurisdiction, expiration of limitation period, duress, mistake, or an alternative version of the events.
05
Draft your statement of defense: Use the format required by the court and clearly state your defenses to each allegation made in the statement of claim. Be concise and avoid unnecessary details.
06
Respond to each allegation: Address each allegation specifically and deny or admit it. If you are unsure about a particular allegation, state that you do not have sufficient information to admit or deny and request the plaintiff to provide further particulars.
07
Raise counterclaims or cross-claims: If you have any counterclaims against the plaintiff or if you believe another party should also be held liable, include these in your statement of defense.
08
Sign and file the statement of defense: Sign the statement of defense and file it with the court within the specified timeframe. Make sure to retain copies for your records.
Who needs statement of defence to?
01
Individuals facing a civil lawsuit: If you are being sued by another person, you will need to file a statement of defense to protect your rights and present your side of the case.
02
Businesses involved in litigation: Companies being sued by individuals or other businesses will also need to file a statement of defense to defend their interests and potentially seek compensation through counterclaims.
03
Defendants accused of a crime in a civil lawsuit: In cases where the statement of claim alleges both criminal and civil wrongdoing, the defendant may need to file a statement of defense to address the civil aspects of the lawsuit.
Remember, it is important to consult with an attorney specific to your jurisdiction, as the process and requirements may differ based on local rules and regulations.
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What is statement of defence to?
The statement of defence is a legal document filed by a defendant in response to a claim made against them.
Who is required to file statement of defence to?
The defendant in a legal case is required to file a statement of defence.
How to fill out statement of defence to?
The statement of defence should be filled out accurately and truthfully, addressing each allegation made in the claim.
What is the purpose of statement of defence to?
The purpose of the statement of defence is to allow the defendant to respond to the allegations made against them and present their side of the story.
What information must be reported on statement of defence to?
The statement of defence must include the defendant's response to each allegation, any defenses they may have, and any counterclaims they wish to make.
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