How To Draft A Defence And Reply

Article Summary

A Queensland defence should answer each material factual allegation with an admission, denial, non-admission or positive matter. A denial or non-admission must carry a direct explanation; an inadequate response can be treated as an admission. A non-admission is available only after reasonable inquiries and restricts the evidence that the responding party may call about the fact.

The defence must also plead every material fact supporting each positive defence, identify any statutory provision relied on and specifically plead matters such as limitation, fraud, estoppel, payment, release, negligence and waiver.

A reply is different. It is usually needed only when the defence raises a new matter that makes the claim not maintainable, makes a transaction void or voidable, may take the plaintiff by surprise, or raises a new factual question.