Defence

Question 1

explain the time frames for filing a defence

Answer 1

Defence to be filed:
o Within 14 days of deemed service of POC
o Within 28 days of deemed service of POC if AOS filed
o Up to 56 days from deemed service of POC by agreement
o Further ext. requires court permissions

Question 2

when is permission not required to file a CC?

Answer 2

if it is served with the defence

Question 3

on what basis can D file a CC?

Answer 3

D must have a COA against C and actually suffered loss attributable to C

Question 4

what must C do in response to a CC and within what time frame?

Answer 4

respond to the claim within 14 days of deemed service, i.e. by filing:
- an admission
- a defence

filing an AoS does not give C an ext. to respond. However, parties can agree an ext. of up to 28 days

if C does not file an admission/defence, D can apply for a DJ