Statement of defence

The statement of defence is the document in which the defendant answers the claims. It must be filed within the statutory period from service of the claim, extendable once upon request.

It contains preliminary objections, any limitation defence, responses to the alleged facts and the defendant's evidence. Preliminary objections such as lack of venue must be raised in this document, or they are barred. Failing to answer in time is treated as a denial of all pleaded facts, but a silent defendant largely loses the opportunity to assert their own facts and submit evidence.

The prohibition on expanding the defence begins once the rejoinder is filed; thereafter new defensive facts may be added only with the opponent's consent or by formal amendment. Presenting every defence completely at the outset is therefore critical.