Defence - filing party legally represented7A http://www.ucprforms.lawlink.nsw.gov.au/ucprforms/index.html

Form 7A (version 4)

UCPR 14.3

DEFENCE

COURT DETAILS
Court
#Division
#List
Registry
Case number
TITLE OF PROCEEDINGS
[First] plaintiff	[name]
#Second plaintiff #Number of plaintiffs (if more than two)
[First] defendant	[name]
#Second defendant #Number of defendants (if more than two)
FILING DETAILS
Filed for	[name] [role of party eg defendant]
#Filed in relation to	[eg plaintiff's claim, (number) cross-claim] [include only if form to be eFiled]
Legal representative	[solicitor on record] [firm]
Legal representative reference	[reference number]
Contact name and telephone	[name] [telephone]
Contact email		[email]
HEARING DETAILS
If the proceedings do not already have a listing date, they are to be listed at [time, date and place to be inserted by the registry]
PLEADINGS AND PARTICULARS

1.      
2.      

SIGNATURE OF LEGAL REPRESENTATIVE

#This defence does not require a certificate under section 347 of the Legal Profession Act 2004.

#I certify under section 347 of the Legal Profession Act 2004 that there are reasonable grounds for believing on the basis of provable facts and a reasonably arguable view of the law that the defence to the claim for damages in these proceedings has reasonable prospects of success.

Signature
Capacity	[eg solicitor on record, contact solicitor]
Date of signature

[on separate page]

[Do not include the affidavit verifying in Local Court proceedings. See Guide to preparing documents for other circumstances where affidavit not required.]

#AFFIDAVIT VERIFYING
Name
Address
Occupation
Date

I [#say on oath #affirm]:

1. #I am the [first] defendant.

#I am [give details of the capacity of the person making the affidavit and the facts that qualify the person to make the affidavit].

2. I believe that the allegations of fact contained in the defence are true.
3. I believe that the allegations of fact that are denied in the defence are untrue.
4. After reasonable inquiry, I do not know whether or not the allegations of fact that are not admitted in the defence are true.

#SWORN #AFFIRMED at
Signature of deponent
Name of witness
Address of witness
Capacity of witness	[#Justice of the peace #Solicitor #Barrister #Commissioner for affidavits #Notary public]
And as a witness, I certify the following matters concerning the person who made this affidavit (the deponent): 1 #I saw the face of the deponent. [OR, delete whichever option is inapplicable] #I did not see the face of the deponent because the deponent was wearing a face covering, but I am satisfied that the deponent had a special justification for not removing the covering.* 2 #I have known the deponent for at least 12 months. [OR, delete whichever option is inapplicable] #I have confirmed the deponent’s identity using the following identification document:
	Identification document relied on (may be original or certified copy) †
Signature of witness

Note: The deponent and witness must sign each page of the affidavit. See UCPR 35.7B.

____________________________

[* The only "special justification" for not removing a face covering is a legitimate medical reason (at April 2012).]

[†"Identification documents" include current driver licence, proof of age card, Medicare card, credit card, Centrelink pension card, Veterans Affairs entitlement card, student identity card, citizenship certificate, birth certificate, passport or see Oaths Regulation 2011.]

[on separate page]

[Do not include this section if you have previously given this information to the court in these proceedings.]

#FURTHER DETAILS ABOUT FILING PARTY
Filing party
Name
Address [The filing party must give the party's address.]	#[unit/level number] #[building name] [street number] [street name] [street type] [suburb/city] [state/territory] [postcode] #[country (if not Australia)]
#Frequent user identifier	[include if the filing party is a registered frequent user]
Legal representative for filing party
Name	[name of solicitor on record]
Practising certificate number
Firm	[name of firm]
#Contact solicitor	[include name of contact solicitor if different to solicitor on record]
Address	#[unit/level number] #[building name] [street number] [street name] [street type] [suburb/city] [state/territory] [postcode]
DX address
Telephone
Fax
Email
Electronic service address	[#email address for electronic service eg service@emailaddress.com.au #Not applicable]