Court & Litigation

Defendant

In plain English

The person or business being sued, who has to respond to the claim against them.

What it means

A defendant is the party against whom a civil claim is brought. They are served with the originating document (such as a statement of claim) and must respond, usually by filing a defence within a set time, or risk a default judgment. In matters started by application, or in tribunals like VCAT, NCAT or QCAT, the equivalent party is usually called the "respondent". A defendant can also bring their own claim back against the plaintiff by way of counterclaim.

How it's used

The defendant had 28 days to file a defence after being served with the claim.

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