---
title: "Defence (Federal Court Form 33): pleading rules, 28-day time limit and completion guide"
url: "https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/form-fca-defence"
type: "precedent"
site: "AI Law Framework"
id: "a5-form-fca-defence"
area_id: "A5"
kind: "form"
ai_level: "yellow"
version: 1
task_ids: ["A5-T1-R2", "A5-A20260923-1"]
law_stated_as_at: "2026-10-18"
---

# Defence (Federal Court Form 33): pleading rules, 28-day time limit and completion guide

> Link to the Federal Court's Form 33 with a guide to the 28-day time for a defence, the duty to admit or deny every allegation of fact, the effect of a non-admission, and where AI can help.

Canonical page: https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/form-fca-defence  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Commercial Litigation & Dispute Resolution](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the official form at fedcourt.gov.au and the 4 authorities it cites, for Australia and Commonwealth.

## When to use it

Use when acting for a respondent served with a statement of claim in the Federal Court of Australia.

## Used for these tasks

- [Draft pleadings from the facts-and-issues brief](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-pleadings-from-the-facts-and-issues-brief.md)
- [Summarise the opposing pleading and list the facts still in issue](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md#A5-A20260923-1)

## How AI may be used

AI may build a paragraph-by-paragraph response table from the statement of claim and the client documents and draft responses for the lawyer to settle; the lawyer decides every admission, denial and non-admission.

**AI may:**

- Build a table of every allegation of fact in the statement of claim, with the documents that bear on each
- Draft a first-cut response to each paragraph from the lawyer's instructions, marked for the lawyer to settle
- Check that every paragraph of the statement of claim has been answered and flag any general denial
- Calculate the 28-day date from the date of service, for the lawyer to diarise

**AI must not:**

- Must not decide whether to admit, deny or not admit any allegation
- Must not plead positive facts the client has not confirmed
- Must not put the other side's discovered or confidential material into a tool the Court's orders or the practice note do not allow

**The lawyer checks:**

- Defence filed within 28 days after service of the statement of claim, or an extension agreed or ordered
- Every allegation of fact specifically admitted or denied; anything not denied is taken to be admitted
- Non-admissions only where the client does not know the fact (they are taken as denials)
- Positive defences and material facts pleaded so the applicant has fair notice

## Authorities

- [Federal Court Rules 2011 (Cth) r 16.32 (defence in Form 33 within 28 days after service of the statement of claim)](https://www.legislation.gov.au/F2011L01551/latest/text)
- [Federal Court Rules 2011 (Cth) r 16.07 (admissions, denials and deemed admissions)](https://www.legislation.gov.au/F2011L01551/latest/text)
- [Federal Court of Australia, Federal Court Rules forms (Form 33)](https://www.fedcourt.gov.au/forms-and-fees/forms/federal-court-rules)
- [Federal Court of Australia, Use of Generative Artificial Intelligence Practice Note (GPN-AI)](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-ai)

## Official form

[Official form](https://www.fedcourt.gov.au/forms-and-fees/forms/federal-court-rules)

## Where this comes from

The official form is published by fedcourt.gov.au; this page is a completion guide. Last checked on 2026-10-18.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/form-fca-defence and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*