Create Your Defence
Welcome to your mysmallclaim helper
This area will contain extra information to help you through this journey.
How do you want to defend?
Enter Defence Code
If you received a mysmallclaim Summons
Standard Defence
If you didn't receive a mysmallclaim Summons
Enter Defence Code
Your unique code is found at the bottom of each page of your mysmallclaim summons, like this:
Review Each Paragraph
Written Statement of Defense
Do you want to draft a counterclaim?
Yes
I do have a claim I want to institute against the other party in this Court.
No
I don't have a claim against the other party I want to institute. I only want to answer the plaintiff's claim against me.
Select your Claim
Payment for Services
Provided a service and haven't received payment.
Refund for Goods or Services
Paid for goods or services not provided or defective.
Unpaid Loan
Lent someone money and haven't been repaid.
Claim for Damages
Someone damaged your property or possessions.
Outstanding Rent
A tenant owes you unpaid rent.
Other Claims
Your claim doesn't fit into the categories above.
The Particulars Of Your Claim
Is your claim based on an Oral or a Written Agreement?
You are the Defendant, select the type of entity you are
Enter Your Particulars
You are defending the Plaintiff's claim - Enter their Details
Select Plaintiff's Gender
Edit and Review the Content of Your Document
Improve Your Defence with AI Assistance
Our AI can help polish your defence by improving clarity, grammar, and overall effectiveness.
Improve Your Counterclaim with AI Assistance
Our AI can help polish your counterclaim by improving clarity, grammar, and overall effectiveness.
Before You Proceed
Editable Document
The defense document you'll receive is an editable Word document. This service provides a drafting tool and is not legal advice.
Your Responsibility
It's your responsibility to review and finalize the contents of your defense document. This service provides a guideline to assist you.
Not Legal Representation
Using this service does not create an attorney-client relationship. For complex legal matters, consider consulting with a qualified attorney.
Filing Your Defense
You must file your defense document with the court within the required time period.
Your defence document has been prepared based on the information you provided. Please choose how you'd like to receive it:
Download Document
Save your defence document directly to your computer.
Email Document
We'll send the document to your registered email address.
Important Next Steps
Your defence document has been prepared, but there are still important steps you must complete before filing it with the court.
Review Your Document
Carefully review the entire document to ensure all information is accurate and complete. Make any necessary changes to correctly represent your defence.
Sign Your Document
According to Rule 14 of the Small Claims Court Rules, your defence statement must be signed by you or your authorised representative.
Attach Your Evidence
Gather and attach all supporting documents and evidence mentioned in your defence. This evidence strengthens your case and should be submitted together with your defence statement.
File With the Court
Lodge your signed defence statement and evidence with the clerk of the court. If your defence includes a counterclaim, it must be served on the plaintiff in the same manner as a summons (Rules 12 and 13).
Legal Requirements: Rule 14
Rule 14. Written statement of defence:
- Where the defendant wishes to lodge a written statement of defence then such statement must:
- Set out the nature of the defence and the grounds on which it is based;
- Be signed by the defendant or his or her authorised representative; and
- Be lodged with the clerk of the court.
- If the written statement of defence includes a counterclaim, the statement must be served in the same manner set out in rules 12 and 13 for the service of a summons.
- The written statement of defence must be lodged with the clerk of the court after service on the plaintiff.
- The clerk of the court must bring the written statement of defence to the attention of the plaintiff.
