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Statement of Defence

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NetLaw wants to save you money.

We want to provide you with the basic knowhow and the basic documentation to prepare a lot of the case yourself.

We set out all the basic information about Statements of defence and provide you with some ideas which may assist.

Lawyers are charging $250 per hour plus GST and frequently more.

Carry out a lot of the work yourself or, at the very least, you can now research and understand the whoe legal process a lot better.

We suggest that you firstly visit the Index Site immediately prior to this Index Site.

Click on to : Statement of Claim

See the related topics box above.

Once you have read that Index Site we can tell you that similar principles apply to Statements of Defence. 

We also suggest you look at all the topics in the related topics box above. 

Just click on to each topic for direct access.

The Statement of Defence generally follows paragraph by paragraph the Statement of Claim setting out the Defendant’s answer to each of the paragraph of the Statement of Claim.

You can simply set out a short sentence in response to each paragraph of the Statement of Claim saying whether you admit or deny the allegation.  See below.

However, it is also necessary to ensure that the crucial nature of the defence is clearly expressed in the Statement of Defence. It is not enough simply to admit or deny each of the paragraphs in the Statement of Claim.

The Statement of Claim might have been worded cunningly so that simple admissions or denials of each allegation in the Statement of Claim do not allow for the pleading or wording of the precise defence to the claim.

That is why, after you have gone through the Statement of Claim carefully, either admitting or denying each of the paragraphs, you need to stand back and ask yourself whether you have properly expressed your full defence to the Statement of Claim.

If you have a counterclaim on top of your Statement of Defence then you are entitled to set out the basis of that counterclaim in your formal Statement of Defence.  

But it must come towa

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"Bloody useful and practical. I sued for the recovery of money owing to me by a former friend. He owed me &11,000 so I could not use the Disputes Tribunal. I used a simple Statement of Claim. I forgot the Notice of Proceeding and the Court helped me but I then noticed that you had one on Netlaw. Your documents helped me and the Court staff were pretty good too. Cheers . . . Colin Dunedin - May 2007"
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"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
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Netlaw replies - Will do."

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"Dear Netlaw,

I am about to sue a Journalist and APN for "Defaming" my name, I have enough money to pay for a lawyer but I was quoted "$900" and hour by a Barrister, so I said this to myself "Why should I pull money out of my pocket to get Justice for myself against the big News Paper APN" and then I stumbled on to Netlaw. I have put together a solid case as a novice that could MATCH the QC. If you have an interest I hope you follow my case

I have 2 American lawyers on my Staff so it helps to! And they have found the NZ law on your site.

I will be filing b4 May 13 2008 to meet the Statutory 2 year limitation in a defamation suit.. I found that out here! at Netlaw... the proper paper work. etc etc.

here's the defamatory Article

http://www.listener.co.nz/issue/203/features/6071/energy_to_burn.html

here's the defamatory Article

Thank You

Kind Regards

Simon Romana

P.S I will be representing MYSELF

Netlaw responds: Thank you."

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"Never knew what this meant. Now I do. Needs to be read with your other civil topics on suing people etc. Pete A - Whakatane - May 2007"
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"Great. See the other topics on Statement of Claim -Some Examples - Graeme - Tauranga"
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"A fun topic. I can remember when I was a lawyer's secretary. He had a wee figurine of a barrister on his desk with a sign on it saying "Sue The Bastards" but, then, he should know because he was a bastard too, but a very good lawyer. (name withheld)"
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"Bloody Hell! You provide us with the documentation as well! This is great stuff. I will still use a lawyer but I now have enough information to make some informed decisions myself.
Kevin M - Hamilton"

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"I was a witness in Court recently in a criminal case and I was treated really badly. I was searched and then left on my own for over an hour and even then I was not offered and tea or coffee. I think there should be far more done for witnesses.

Donna . . . . South Auckland - February 2007 "

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