Sample defence - goods

This is an example of a completed defence. It is important to complete this form using your own details and based on your own circumstances. If you need more help, get legal advice.

Form 7B (version 4)

UCPR 14.3

DEFENCE

COURT DETAILS
Court / Local Court
Division / Small Claims Division
Registry / Penrith
Case number / LC/20xx158
TITLE OF PROCEEDINGS
Plaintiff / Natalie Saad
Defendant / Rachel Smith
FILING DETAILS
Filed for / Rachel Smith, defendant
Contact name and telephone / Rachel Smith, 02 9876 5432
Contact email /
HEARING DETAILS
If the proceedings do not already have a listing date, they are to be listed at
PLEADINGS AND PARTICULARS

1  The defendant denies the allegation in paragraph 1 of the statement of claim. The German Shepherd dog by the name of Charlie (‘the dog’) now belongs to the defendant.

2  The defendant does not know and does not admit the allegation in paragraph 2.

3  The defendant denies the allegation in paragraph 3. The alleged agreement was never made. On 4 July 20xx, in Penrith NSW, the plaintiff gave the defendant the dog because the plaintiff was moving to Queensland.

4  The defendant denies the allegation in paragraph 4. The alleged agreement was never made.

5  The defendant admits paragraph 5.

6  The defendant admits paragraph 6.

7  The defendant admits the allegation in paragraph 7, but says the reason she did not return the dog was because she is the owner.

8  The defendant denies the plaintiff’s allegation in paragraph 8 as the plaintiff gave the dog to the defendant.

9  The defendant denies the allegation in paragraph 9 and says that she is the owner of the dog and is entitled to keep him.

10  The defendant denies liability to pay the sum of $600 for the value of the dog.

11  Further and in the alternative, the defendant says that even if she is liable to pay to the plaintiff an amount of money equal to the value of the dog, the amount claimed by the plaintiff is not fair and reasonable.

SIGNATURE
Signature /

Rachel Smith

Capacity / Defendant
Date of signature / 15/03/20xx


[on separate page]

[Do not include this section if you have previously given this information to the court in these proceedings.]

#FURTHER DETAILS ABOUT FILING PARTY
Filing party
Name / Rachel Smith
Address
[The filing party must give the party's address.] / 123 Johns Street
Penrith NSW 2750
Contact details for filing party acting in person or by authorised officer
Name of authorised officer / Rachel Smith
Capacity to act for filing party / Defendant
Address for service
[The filing party must give an address for service. This must be an address in NSW unless the exceptions listed in UCPR 4.5(3) apply. State “as above” if the filing party’s address for service is the same as the filing party’s address stated above.] / as above
Telephone / 02 9876 5432
Email /

Sample only. This is not legal advice.