Form 4 Defence and Form 5 Counterclaim Tasmania: Which Form to File

The Two Defence Forms

The Magistrates Court of Tasmania (Civil Division) uses two prescribed forms for defendants responding to a minor civil claim:

Form 4 — Defence. Use this when you want to dispute all or part of the claim without making your own money claim against the claimant. Filing Form 4 is free — there is no court fee.

Form 5 — Defence and Counterclaim. Use this when you dispute the claim and also have your own financial claim against the same claimant arising from the same transaction or set of facts. Filing a counterclaim carries a fee of A$147.

Both forms are available as Word (.docx) downloads from the Magistrates Court of Tasmania forms page.

When to Use Form 4

You received a claim for A$8,000 for work a contractor says they completed on your property. You dispute the quality — portions of the work were defective and required remedial repairs. You do not have your own separate financial claim against the contractor. Form 4 is the right choice.

The key sections to complete:

• Action number and registry: Copy these exactly from the Claim and Notice to Defendant (Form 1) you were served.
• Party names: Your name as defendant, the claimant's name as it appears on Form 1.
• Grounds of defence: This is where most defendants stumble. A general denial ("I deny owing the money") is legally insufficient. You must state specific facts: what happened, why the amount is wrong, what evidence supports your position. For the contractor example, you would explain which parts of the work were defective, when you notified the contractor, and what remedial costs you incurred.

When to Use Form 5

You received the same A$8,000 claim from the contractor, but the defective work caused A$3,000 in water damage to your kitchen that you had to pay another tradesperson to fix. You dispute the original claim and want to recover your A$3,000. Form 5 handles both in a single filing.

The defence section works identically to Form 4. The counterclaim section adds:

• Counterclaim amount: The specific sum you are claiming.
• Particulars of counterclaim: The facts supporting your claim — when the damage occurred, what caused it, what repairs cost, and what evidence you have (quotes, invoices, photographs).

If the claimant later discontinues or withdraws their claim, your counterclaim continues as an independent lawsuit.

Filing the Form

Submit the original plus three copies at the court registry where the claim was filed (Hobart, Launceston, Devonport or Burnie). Registry staff seal, stamp and file the documents. You must file within 21 calendar days, counted from the day after service.

The registry typically serves your filed defence on the claimant by ordinary post. Confirm this with staff when you lodge the forms — some situations require you to serve the claimant yourself.

A Common Mistake

Some defendants try to split things: file Form 4 now and bring the counterclaim later. This creates procedural complications. If you have a financial claim against the claimant from the same dispute, file Form 5 from the start. The counterclaim filing fee is your cost of bringing an active claim — it is separate from the free defence.

What Happens Next

After your defence is filed, the registry schedules a mandatory conciliation conference. Both parties attend an informal meeting to explore whether the dispute can be settled. If it cannot, the matter moves to a hearing before a Magistrate.

Our Responding to a Minor Civil Claim in Tasmania guide walks through the complete structure of Form 4 and Form 5, with examples of how to state your grounds and organise supporting evidence.

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