26Defendant to provide reply to claim

#### 26 Defendant to provide reply to claim 26 Defendant to provide reply to claim > > (1) A defendant in proceedings must file and serve on the claimant and each other party to the claim (including other defendants) a reply to the claim against the defendant. > > > (2) The defendant’s reply— > > > > > (a) must be in the form set out in Form 2 in Schedule 2, and > > > > > (b) must specify the information required to complete that form, and > > > > > (c) must be accompanied by the documents and information required by the form (and is not required to be accompanied by any other documents or information), and > > > > > (d) in the case of the reply served on the plaintiff, is not required to specify the information required by Part 8 of the form. > > > (3) If documents or information required to accompany a defendant’s reply are not available to the defendant when the reply is filed and served— > > > > > (a) the statement must indicate this, and > > > > > (b) the defendant must provide the documents or information to the claimant and each other party as and when they become available to the defendant. > > > (4) A reply by an original defendant must be served within 20 business days for malignant claims, or 30 business days for non-malignant claims, after the claim is served on the defendant. > > > (5) A reply by a defendant other than an original defendant must be served within 30 business days for malignant claims, or 60 business days for non-malignant claims, after service of the plaintiff’s statement of particulars on the last of the original defendants. > > > (6) If the plaintiff’s claim alleges that the asbestos-related condition with which the claim is concerned occurred in the course of employment, the plaintiff’s statement of particulars can require an early response on that issue from a defendant who is alleged to be an employer, in which case the defendant must, within 10 days after the claim is served on the defendant, provide the response and attach the evidence required by 3.1–3.3 of Part 3 of Form 2 in Schedule 2. > > > (7) A defendant’s reply must indicate whether the defendant requires more information from the plaintiff about the plaintiff’s claim and the nature of that information, and must indicate whether the defendant requires an opportunity to inspect any premises or place. > > > (8) The plaintiff must comply with any reasonable requirement of the defendant for more information concerning the plaintiff’s claim (whether made as part of the defendant’s reply or subsequently) and must provide that information as soon as practicable and, in any case, no later than 5 business days before the start of mediation. > > > (9) If 2 or more defendants to a claim are related bodies corporate (within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth) and represented in the proceedings by the same legal practitioner or firm of legal practitioners, those defendants may file and serve a joint reply to the claim (instead of each filing and serving individual replies) and are not required to serve the joint reply on each other. > > > (10) In this clause— > > > > claim includes a cross-claim. > > > > defendant includes a cross-defendant.