I have been served with a claim

Have you been served with a claim?

In your first meeting with your lawyer, you would generally be asked the following questions:

Enquire on Defending a Claim

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Rostron Carlyle Lawyers

4.8

Based on 143 reviews

review us on

Brendan Mutsaers

07:31 27 Aug 25

Great communication in a emotional stressful time of my life. Lawyers knew their content and provided timely advice. While it wasn't cheap it provided value and allowed me to move on to the next stage of my life. They are down to business - I never physically set eyes on my lawyer but still felt supported. Recommended to anyone who needs legal support.

Response from the owner 11:01 29 Aug 25

Hi Brendan - thank you so much for sharing your experience with our team. We're happy to have helped you through this time and provide you legal services and support.

Brendan Mutsaers

07:31 27 Aug 25

Response from the owner 11:01 29 Aug 25

Hi Brendan - thank you so much for sharing your experience with our team. We're happy to have helped you through this time and provide you legal services and support.

Claire Jenkins

22:04 08 May 25

Alana Pointon provided excellent family law advice to help me achieve a timely and pragmatic outcome. She was also easy to reach when I had questions and achieved the perfect balance between professionalism and genuine empathy in our interactions. I have no hesitation in recommending Alana to anyone in need of family law assistance. My deepest thanks to you and your team Alana.

Response from the owner 00:10 16 May 25

Thank you, Claire, for your kind words. We're thrilled to hear that Alana's expertise and empathy made a positive impact on your experience. Your recommendation means a lot to our team.

Claire Jenkins

22:04 08 May 25

Response from the owner 00:10 16 May 25

Thank you, Claire, for your kind words. We're thrilled to hear that Alana's expertise and empathy made a positive impact on your experience. Your recommendation means a lot to our team.

Rowena Gill

02:49 08 May 25

I recently engaged the services of Alana Pointon to assist with a property settlement and custody agreement with my ex-partner. Going into the process, I had very limited knowledge, but Alana took the time to explain everything in clear, understandable terms, which made a huge difference for me.

My ex-partner was extremely difficult to deal with, and there were times when additional legal advice and reassurance were urgently needed—particularly when he became threatening and made concerning comments about not returning my child. Alana handled these situations with calm professionalism, offering sound guidance and unwavering support.

She was kind, considerate, and an absolute wealth of knowledge during one of the most stressful periods of my life. During mediation, Alana skillfully negotiated a very fair property settlement on my behalf. I truly felt that she had my best interests at heart at every stage.

If you’re looking for a lawyer who is both compassionate and a fierce advocate, I can’t recommend Alana Pointon highly enough. You will not regret choosing her.

Response from the owner 01:06 13 May 25

Thank you, Rowena, for your wonderful feedback. We are delighted to hear that Alana provided the support and professionalism you needed during such a challenging time. Your recommendation is greatly appreciated.

Rowena Gill

02:49 08 May 25

Response from the owner 01:06 13 May 25

James Crabb

22:25 24 Mar 25

Prompt, professional service and great advice. Thanks in particular Alana and also Bev and Mandy for your efforts. Highly recommended.

Response from the owner 21:06 25 Mar 25

Thank you James! We appreciate your recognition of Alana, Bev, and Mandy. We look forward to assisting you with any legal needs in the future.

James Crabb

22:25 24 Mar 25

Prompt, professional service and great advice. Thanks in particular Alana and also Bev and Mandy for your efforts. Highly recommended.

Response from the owner 21:06 25 Mar 25

Thank you James! We appreciate your recognition of Alana, Bev, and Mandy. We look forward to assisting you with any legal needs in the future.

Experienced litigation lawyers make a difference in defending a claim.

We know the litigation process in and out and we know how to use it to your advantage.

We can advise you of the following:

Applications within the proceeding. Did you know you can make or break a case by running applications for:
- Further and better Particulars;
- Strike out of pleadings;

Being sued by a corporate plaintiff? Have you considered an Application for Security for Costs?

Don’t have the evidence to support your defence but know where to get it? Have you considered a Notice of Non Party Disclosure.
Disclosure stage is looking at the evidence to support those allegations in issue in the pleadings. Cases are won and lost in disclosure. It’s one thing to plead an allegation in your statement of claim but if you do not have the sufficient evidence to support the allegation, at disclosure stage is where a defendant can make the plaintiff prove its case or limit parts of the claim.

location, location, location

Location matters greatly in legal proceedings.

Timing and procedural steps will vary depending on the state and jurisdiction the claim originates from.

Jurisdictional arguments are the first step to consider in defending a claim.

Matters to consider:

Is the plaintiff interstate?
Is there a jurisdiction clause in your agreement, the subject of the dispute?
Where was the contract formed, where were the representations made?
Where do the potential witnesses reside?
Missing a deadline for filing can be challenging and costly obstacle to overcome in Court.
Different states and jurisdictions will have different governing acts and rules.

Were you properly served?

Matters to consider:

Type of claim
Court in which the claim was filed
Is the plaintiff an individual or a company?
How was the claim served?
If a company, were you served at your registered office or principal place of business?

A failure to adhere to the strict guidelines laid down by the various Courts and rules is a frequent mistake made by self-represented and qualified practitioners alike.

Grounds for a Legal Defence

It is not enough to just disagree with the claim to mount a successful legal defence.

A defence must be logical, needs to respond to the allegations in issue in the Statement of Claim, cannot be made without evidence to confirm its truth and be presented in a way that clearly answers each of the legal elements required.

The art of creating a successful defence in a legal proceeding should not be left to chance and having an experienced lawyer who deals with commercial litigation all day, every day will improve your chances significantly.