The following notes are a step-by-step guide to completing the Reply to Defence and/or Counterclaim. They tell you what information is needed for each of the numbered sections in the form.
Section 1- Details of the parties
This section requires you to provide your full name, address, telephone number, fax number and email address. It also requires you to provide the full contact details of the other party. It is important that you provide as many details as possible so that the Court knows how to contact you and the other party/parties to the proceedings.
Section 2- Reply to defence
Completing this section is optional. If you wish, you may serve a brief statement of reply to the matters raised in the Defence. This must not be a repetition of matters already pleaded in your Claim Form but should be a response to any matters raised in the Defence which you have not already covered. If you do choose to provide a reply, you should ensure that it clearly and concisely covers your points in no more than 8 typed pages.
Section 3- Reply to counterclaim
If a counterclaim has been made against you, you must tell the Court whether you admit the claim, or any part of it, or whether you dispute it. If you dispute it, you should set out any facts relied upon and identify any law (such as QFC Law or Regulations) which you consider relevant to your case but which you have not already provided as part of your claim. When setting out your reply, you should aim to provide no more than 25 typed pages of submissions. Many replies can be clearly and concisely set out in under 10 pages and so you should not aim to provide the Court with a 25 page reply if you can set it out in fewer pages.
If a counterclaim has not been made against you, then please leave this section blank.
Section 4- Supporting documentation
If you are submitting extra documents along with your Reply (such as a contract or other business document), you should list the documents in this section and identify why they are important. The Court does not, at this stage, need to see every single document which you believe relates to your case. You should provide only those documents which you believe are essential in helping you establish your response to the Defence and/or Counterclaim and which you have not already submitted as part of your claim.
Section 5- Acknowledgements and statement of truth
This section must be completed and signed by you or by your lawyer on your behalf. Where you are completing the Reply on behalf of a registered company or corporation, the Reply must be signed by either a director, treasurer, secretary, chief executive, manager or other officer of the company or, in the case of a corporation, the mayor, chairman, president or town clerk.
Proceedings for contempt of court may be brought against any person who signs a statement of truth without honest belief in its truth.
