District Courts Rules 2009

2.15 Defendant to serve information capsule on plaintiff within 20 working days

• 2.15.1 A defendant who, after being served with the plaintiff’s information capsule, still wishes to contest the plaintiff’s claim must complete an information capsule and serve it on the plaintiff within 20 working days after the date on which the plaintiff’s information capsule is served on the defendant.

  2.15.2 The purpose of a defendant’s information capsule is to—

  • (a) inform the plaintiff of the essential nature of the defendant’s case; and

  • (b) disclose to the plaintiff the information on which the defendant intends to rely, as at the time of service of the defendant's information capsule.

  2.15.3 In a defendant’s information capsule, which must be in form 5, the defendant must—

  • (a) identify and address the facts in dispute that the defendant believes are the essential facts, and respond to the plaintiff’s rebuttal; and

  • (b) describe any offer made to and rejected by the plaintiff; and

  • (c) explain why any offer (other than an offer expressly stated to be without prejudice except as to costs) made by the plaintiff has been rejected (for example, by stating why the offer is considered unsatisfactory); and

  • (d) list the witnesses the defendant intends to call during the trial; and

  • (e) include or attach will say statements for each witness; and

  • (f) list or describe sufficiently the essential documents supporting the defendant’s case; and

  • (g) to the best of the defendant’s knowledge and belief, verify the contents on oath or by affirmation.

  2.15.3A The defendant must, as soon as practicable and at the defendant's cost, give the plaintiff a copy of each essential document listed or described in the defendant's information capsule that is requested by the plaintiff.

  2.15.3B A plaintiff may apply for, and the court may make, an interlocutory order requiring a defendant to comply with rule 2.15.3A.

  2.15.4 The plaintiff may proceed to judgment under rule 2.39 if the defendant fails to comply with rule 2.15.1.

  Rule 2.15 heading: amended, on 14 June 2012, by rule 11(1) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

  Rule 2.15.1: amended, on 14 June 2012, by rule 11(2) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

  Rule 2.15.3A: inserted, on 14 June 2012, by rule 11(3) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).

  Rule 2.15.3B: inserted, on 14 June 2012, by rule 11(3) of the District Courts (General) Amendment Rules 2012 (SR 2012/85).