NSW Small Claims Defence Form: How to Respond to a Local Court Statement of Claim
If you received a Statement of Claim from the NSW Local Court — not a Notice of Hearing from NCAT — you are in a different forum with a strict written response deadline. You must file a Defence (Form 7) within 28 calendar days of being served or the plaintiff can apply for default judgment without a hearing.
Is Your Case in the Local Court or NCAT?
This distinction matters because the procedures are completely different:
| Feature | NSW Local Court Small Claims | NCAT Consumer Claims |
|---|---|---|
| Starting document | Statement of Claim (Form 3B) | Notice of Hearing |
| Written response required | Yes — Defence (Form 7) within 28 days | No — attendance at hearing |
| Where to file | NSW Online Registry | NCAT Online Services |
| Claim limit | Up to $20,000 | Up to $100,000 |
| Legal representation | Allowed as of right | Leave required (Section 45) |
If your papers come from the Local Court and name a dollar amount of $20,000 or less, you are in the Small Claims Division. Read on.
If your papers come from NCAT and reference a consumer claim about goods or services, the Local Court Defence form does not apply. See How to Respond to an NCAT Consumer Claim instead.
The 28-Day Deadline
The clock starts from the date of service, calculated under the court's service rules. You have 28 calendar days from that date to file your Defence.
If you miss the deadline, the plaintiff can request a default judgment from the Court Registrar. Unlike NCAT, where a member evaluates the claim in your absence, a Local Court default judgment is an administrative entry — no hearing, no evaluation of evidence. The Registrar simply enters judgment for the claimed amount.
How to File a Defence (Form 7)
Obtain the form. Form 7 is available from the NSW Online Registry or from the forms page on the Local Court website.
Complete the form. For each allegation in the Statement of Claim, state whether you admit it, deny it, or do not know. For anything you deny, briefly explain why. You do not need to write a legal argument — short factual responses are sufficient in the Small Claims Division.
File the Defence. Lodge it through the NSW Online Registry (note: this is a different portal from NCAT Online Services) or file it in person at your local courthouse. There is a filing fee.
Serve a copy on the plaintiff. Serve the plaintiff with a copy of your filed Defence in accordance with the court's service rules.
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After Filing Your Defence
The matter will be listed for a pre-trial review or hearing. The Small Claims Division is designed for self-represented parties and operates with simplified procedures, but it is still a court — court procedures apply, and the unsuccessful party can be ordered to pay the other side's capped legal costs.
If You Also Have an NCAT Matter
Some respondents face both a Local Court claim and an NCAT claim from the same applicant, or confuse which forum their matter is in. The forums handle different types of disputes:
- Local Court: Debt recovery, breach of contract, property damage — general civil claims
- NCAT Consumer Division: Consumer guarantee disputes between consumers and business suppliers under the Fair Trading Act 1987
If you are a business defending a consumer complaint about your goods or services, the matter most likely belongs in NCAT. If someone is suing you for an unpaid debt, a car accident, or a loan, that belongs in the Local Court.
The Responding to an NCAT Consumer Claim guide covers the NCAT side — including the critical differences between tribunal and court procedures that trip respondents up.
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