Filing a defence under the Limitation Act (NSW)

This fact sheet is for information only. It is recommended that you get legal advice about your situation. See the Fact Sheet: Getting Help.

What do I do if I get a Statement of Claim?

IMPORTANT! YOU ONLY HAVE 28 DAYS FROM THE DATE YOU RECEIVE A STATEMENT OF CLAIM TO FILE YOUR DEFENCE (UNLESS THE PLAINTIFF HAS AGREED OTHERWISE, PREFERABLY IN WRITING).

For more information about the court process, see Fact Sheet: Debt Recovery in the Local Court. For information on changing venues, see Fact Sheet: Transferring to a Local Court closer to you.

Read the Statement of Claim and decide whether you need further information to decide whether you have a defence under the Limitation Act. If you need further information, you should write to the Plaintiff (or if the Plaintiff has a solicitor, write to the Plaintiff’s solicitor) and ask for details of the claim. This is called requesting “further and better particulars”.

Examples of further and better particulars you may request are:

  • A copy of the contract
  • Copies of account statements showing repayments

A sample letter for you to use is Request For Further and Better Particulars.

As the 28 days you have to file your defence may expire while you are waiting for the further information you requested, your letter should include the following:

“After I have received your replies to the above, I may require additional particulars so I am fully informed of the plaintiff’s claim. If so, I reserve the right to make an appropriate request at that time.

I assume that I have 28 days from the date the requested particulars are provided to file my defence to the statement of claim. Please advise me immediately in writing if this is not the case.”

When you receive the further information, you need to decide whether you have a defence under the Limitation Act. See Fact Sheet: Recovery of old debts for more information.

What should I do if I agree I owe the debt and do not have a defence under the Limitation Act?

If you agree you owe all of the debt, you should confess to the debt and make an application to pay by instalments. For details on how to do this see Fact Sheet: Making an application to pay by instalments . If you do not have a defence under the Limitation Act but you believe you may have some other defence you should get legal advice immediately. See Getting Help box below.

What should I do if I do not think I owe the debt and want to defend a claim under the Limitation Act?

If you wish to lodge a defence to the Statement of Claim you will need to complete and file a Notice of Grounds of Defence. Find form at www.lawlink.nsw.gov.au. You must insert your relevant dates and other details as shown. An example of a defence is:

You should get legal advice before filing the defence.

See Also

Need some more help? See Getting Help for a list of additional resources.

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