Sued in Tasmania and the 21-Day Deadline Is Running Out

If you have been served with a minor civil claim in Tasmania and your 21-day deadline is approaching, file a defence now — even a basic one — rather than let the deadline expire. Filing a Form 4 that addresses each allegation in plain language, at the correct registry by the deadline calculated under the rules below, avoids the default-judgment process that can follow if no defence is filed. You can prepare your evidence for conciliation and the hearing after filing. You cannot undo a default judgment as easily.

This page is for people who have fewer than seven days left on the clock. If you have 14 or more days, you have time to prepare a thorough response from the start. If the deadline has already passed, skip to the section on default judgment below.

Who This Is For

• You were served with a Claim and Notice to Defendant (Form 1) in the Magistrates Court of Tasmania more than 14 days ago
• You have not yet filed a Form 4 (Defence) or Form 5 (Defence and Counterclaim)
• You opened the envelope late, put it aside, were away, or did not understand what it meant until now
• You want to avoid a default judgment being entered against you

Who This Is NOT For

• A default judgment has already been entered — see the section on setting aside below, and contact Legal Aid Tasmania (1300 366 611) if enforcement is underway
• You agree you owe the full amount and want to propose instalments — you can send a written offer, but an informal payment request does not stop default judgment. An executed Consent Order (Form 10) or formal court order is required to protect against enforcement; consider filing Form 35 (Admission of Facts)
• The claim is from a bank, credit card company, or debt collector — call the National Debt Helpline (1800 007 007) immediately

The Minimum Viable Defence in Under 48 Hours

When time is short, focus on what the court absolutely requires and skip everything else for now.

What you must do:

1. Download Form 4 (Defence) from the Magistrates Court of Tasmania website — it is a Word document
2. Read each numbered paragraph in Form 1 (the claim) and write a one-line response for each: "Admitted," "Denied," or "The respondent does not have sufficient information to respond"
3. Write your grounds of defence in 2–3 sentences of plain language: why you dispute the claim, what amount you believe is correct, or why you should not pay
4. Print and lodge the form at the Magistrates Court registry where the claim was filed (check the top of Form 1 for the court location — Hobart, Launceston, Devonport, or Burnie)
5. Confirm service with the registry — the registry often handles service of filed defences; ask whether you need to serve a copy on the claimant yourself and follow its directions

What you can do after filing:

• Gather and organise your evidence (receipts, photos, emails, text messages, contracts)
• Prepare for the conciliation conference
• Organise the evidence and fuller factual detail that support the grounds in your filed defence

The form is your procedural shield. The evidence and preparation come later.

How to Count the 21 Days Correctly

The 21-day deadline starts from the date of service — not the date on the claim, and not the date you first read it.

Personal service (someone handed you the documents): day 1 is the day after you were served. If you were served on Monday 5 October 2026, day 21 is Monday 26 October 2026.

Registered post: service is effective on the date the delivery-confirmation signature card is signed. If it was signed on Friday 9 October 2026, day 21 is Friday 30 October 2026.

The period from 23 December through 7 January, inclusive, is excluded from the defence time calculation. If day 21 falls on a weekend, Tasmanian public holiday, or a day the registry is closed, the deadline extends to the next business day.

Check the Affidavit of Service and, for registered post, the delivery-confirmation signature record to confirm the service date. Keep the envelope and postmark too; if you are unsure when you were served, count from the earliest possible date and file early.

What Happens If You Miss the Deadline

If you do not file a defence by the applicable deadline calculated above, the claimant can:

1. File an Affidavit of Service proving they served you
2. Apply to the court for a default judgment
3. Receive a court order for the full claimed amount — without a hearing, without your input, without seeing your evidence

A default judgment is a real, enforceable court order. The claimant can use it to apply for a garnishee order against your wages or bank account, or a warrant authorising the seizure and sale of property.

Setting aside a default judgment is possible but harder. You must apply to the court and satisfy a three-part test:

1. You had a reasonable excuse for not filing your defence in time
2. You have a defence on the merits (not just disagreement — a genuine factual basis)
3. Setting aside the judgment would not prejudice the claimant (for example, they have not already enforced and spent the money)

Filing a basic defence on time is always easier than applying to set aside a default judgment after the fact.

Registry Locations and Hours

Registry hours are Monday to Friday, 9:00 AM to 5:00 PM, excluding public holidays and the annual Christmas shutdown. Filing in person is the fastest option when the deadline is close — postal filing adds transit time.

After You File: What Comes Next

Once your defence is lodged, the court schedules a conciliation conference — an informal meeting where a conciliator helps both parties explore settlement. If conciliation does not resolve the dispute, a hearing is listed before a Magistrate.

You have time between filing and the conciliation conference to:

• Organise your evidence into a numbered bundle
• Write a chronological timeline of events
• Identify witnesses who can support your version
• Calculate the exact amount you believe is correct (if you are disputing the figure rather than the entire claim)

The Responding to a Minor Civil Claim in Tasmania guide covers the entire process from reading the claim papers through to the hearing, including five printable worksheets for deadline tracking, evidence organisation, and conciliation preparation. If your deadline is close and you need to move fast, start with the deadline calculator and Form 4 field-by-field reference — they are designed for exactly this situation.

Frequently Asked Questions

Can I file my defence by email instead of going to the registry?

Documents sent to official Magistrates Court registry email addresses are accepted. Submissions received after 5:00 PM or on a weekend are date-stamped as received on the next business day. Check the registry's published email address and filing requirements. When your deadline is tight, filing in person is the most reliable option — you walk out with a stamped copy and confirmed receipt.

What if I file my defence one day after the 21-day deadline?

If you file after the applicable deadline but before the registry has processed and entered a default judgment, it may still accept your defence. But you cannot count on this — the claimant can apply for default judgment after the deadline expires. File before the deadline.

Is a short, basic defence worse than a detailed one?

Filing Form 4 by the deadline avoids default judgment for failure to respond, but the defence must state factual grounds; a general denial alone may be insufficient. Organise the supporting evidence for the hearing. A concise defence filed on time is better than a detailed defence filed too late.

Can I change my defence after I file it?

You can present your supporting evidence and fuller account at conciliation and the hearing. If you need to add to or change a filed defence, ask the registry promptly about the correct procedure. Most self-represented parties present more detail at the hearing than appears in their filed form.

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