102Notice of intention to respond or defence—filing and

102 Notice of intention to respond or defence—filing and (1) In a proceeding started by an originating claim, a defendant must file any notice of intention to respond, defence, or notice of intention to respond and defence, not later than the later of the following: (a) 28 days after the day the claim is served on the defendant; (b) if the defendant makes an unsuccessful application under rule 40 (Setting aside originating process etc) to have the claim set aside—7 days after the day the application is refused. (2) However, if, before the defendant files a defence, an application for summary judgment under rule 1146 (Summary judgment—for plaintiff) is served on the defendant, but the court does not on the application dispose of all the claims for relief against the defendant, the court may set a time within which the defendant must file a Note Pt 6.2 (Applications in proceedings) applies to an application to set a Rule 103 (3) In a proceeding started by an originating application, a defendant must file a notice of intention to respond not later than the later of the (a) on or before the return date for the application; (b) if the defendant makes an unsuccessful application under rule 40 to have the originating application set aside—7 days after the day the application is refused. (4) The registrar must seal the notice of intention to respond or defence and any filed copies of the notice or defence. Note The registrar may reject a notice of intention to respond or defence that and r 6141 (Rejecting documents—inconvenient address for service). (5) The defendant must serve a sealed copy of the notice of intention to respond or defence on the plaintiff at the plaintiff’s address for service on the day it is filed in the court.