SUPREMEi COURT OF QUEENSLAND

REGISTRY: (As per Claim)

NUMBER: (As per Claim)

Plaintiff:

(As per Claim)

AND

[First] Defendant

(As per Claim)

AND

[Second Defendant]

(As per Claim)

(Title - Add to the title the name(s) of every defendant added by counterclaim)
Filed in the (place) registry on (date).
DEFENCE OF THE [FIRST] DEFENDANT
The [first] defendant relies on the following facts in defence of the claim:
1.

[The defendant admits the allegations in paragraphs ...................... of the statement

of claim.]

2.

[The [first] defendant does not admit the allegation in paragraph ... of the statement
of claim. The [first] defendant has made reasonable inquiries and remains
uncertain of the truth or otherwise of the allegation and is unable to admit it
because........ (give explanation). [The [first] defendant believes the allegation
cannot be admitted because. (give explanation).]

3.

[The [first] defendant denies the allegation in paragraph ... of the statement of claim
because ... (give explanation).]

4.

(set out as briefly as the nature of the case permits the material facts on which the
defendant relies in accordance with the requirements of Chapter 6 of the Uniform
Civil Procedure Rules)

5.

etc.

_________________________________________________________________________
DEFENCE AND COUNTERCLAIM
Name:
Filed on Behalf of the [First] Defendant(s)
Address:
Form 18 Rule 179
Phone No:
Fax No:

COUNTERCLAIM
This counterclaim is made by the [First] Defendant against:
1.

The [First] Plaintiff;

2.

The [Third] Plaintiff;

3.

The [Second] Defendant;

4.

(Name any other relevant person not already a party in the proceeding) called
[First] Defendant added by counterclaim;

5.

(As per 4)

etc.
This counterclaim is made in reliance upon the following facts:
(Set out as briefly as the nature of the case permits a statement of all the material facts
relied on in accordance with the Uniform Civil Procedure Rules, Chapter 6.)
The (First) Defendant claims the following relief:
(Set out in full all relief claimed by the counterclaim in the same way as is required for a
claimii).
[The [First] Defendant elects trial by jury of the counterclaim] iii (if the defendant elects
under Rule 472 and no Act excludes trial by jury).
Signed:

([first] defendant or solicitor)

Description:

(of signatory)

[This pleading was settled by (name) of Counsel.]iv

NOTICE AS TO REPLY AND ANSWER
To the Plaintiff(s): You have 14 days within which to file and serve an answer to this
counterclaim. If you do not do so, Rule 166 provides allegations of fact in the
counterclaim are taken to be admitted by you unless denied or stated to be not admitted by
you in a pleading.
To the [Second] Defendant: You have 14 days within which to file and serve an answer to
this counterclaim. If you do not do so, Rule 166 provides allegations of fact in the
counterclaim are taken to be admitted by you unless denied or stated to be not admitted by
you in a pleading.
[To each Defendant added by Counterclaim: TAKE NOTICE that you are being sued by
the [First] Defendant in the Court. If you intend to dispute this claim or wish to raise any
counterclaim, you must within 28 days of the service upon you of this counterclaim file a

NOTICE OF INTENTION TO DEFEND in this Registry. If you do not comply with this
requirement, judgment may be given against you for the relief claimed and costs without
further notice to you. The Notice should be in Form 6 to the Uniform Civil Procedure
Rules. You must serve a sealed copy of it at the [First] Defendants address for service
shown in this counterclaim as soon as possible.]
Address of Registry:
Particulars of the [First] Defendant: (Here give the particulars required of a Plaintiff and
Plaintiffs Solicitor in Form 2. Include name and address of each party to be served with
the counterclaim.)

. For a claim in the District Court or a Magistrates Court, substitute District Court or Magistrates Courts
respectively.

ii

Include Notice under Rule 150(3) if the counterclaim is for a debt or liquidated demand only.
iii

Supreme Court and District Court only

iv

This sentence can be omitted from the Defence above.