Responding to a Claim Flashcards
How many clear days from the date of deemed service of the Particulars of claims does D have to respond to a claim?
14 days
What is the impact of D not responding within 14 days of deemed date of service of the particulars?
C can obtain judgement
What are three things D can do in response to service of the Particulars?
- Admit parts/all of the claim
- File and serve a defence; or
- Acknowledge service and indicate an intention to defend
How many additional days does D have to admit/file a defence if they file an acknowledgement of service?
14 days
How many additional days may the parties agree to extend the time for filing a defence?
28 days
What is the maximum number of days from the deemed date of service of the particulars that a defence can be filed if all extensions are granted?
56 days
Once D has filed acknowledgement, C is open to make an application for what 2 orders?
- Summary judgment
- Interim payment
What must 2 things must D do if they dispute the court’s jurisdiction after receiving the claim form and particulars of claim?
- Check the box in the acknowledgement of service indicating dispute of jurisdiction
- Make an application challenging jurisdiction within 14 days after filing the acknowledgement
What can the court do if D fails to file a defence within the time limits, meaning that D is prevented from mounting a defence?
Enter a default judgment against D
What are three things D must show to make an application to set aside a default judgment?
- D acted promptly
- D has real prospect of successfully defending the claim; and
- Other good reason why judgment should be set aside
What are four situations in which a court must set aside default judgment?
- Judgment was entered before expiry of the time to respond
- Claim has already been paid/settled
- D’s application to strike out/obtain summary judgment was pending
- D’s request for time to pay was pending
