Notice · Personal Injury & Compensation

Notice to admit facts or documents (Victoria, Queensland and New South Wales)

A notice asking the other party to admit facts, or the authenticity of documents, in a personal injury proceeding. The time to dispute is 14 days, and the admission is for that proceeding only.

Kind
Notice. A formal notice to serve or publish.
Where it applies
Victoria, Queensland, New South Wales
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
23 October 2026
Status
Maintained. Checked on 23 October 2026 against the 10 authorities it cites, for Victoria, Queensland and New South Wales.
Version
1
Source
Written for this library

When to use it

Use when the lawyer has a list of facts or documents that the other party should admit before trial. Serve the Victorian notice in Form 35A, the New South Wales notice in Form 17, and the Queensland notice under r 189. The form text for Victoria was not opened, so the Victorian part follows the rule and is checked against the current form.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The tool may turn the lawyer's list of candidate facts and documents into the notice, and the lawyer decides each fact and each document before it is served.

AI may

  • Number the facts and the documents from the lawyer's list and keep each one to a single proposition
  • Insert the 14-day dispute warning in the words of the rule that applies
  • For New South Wales, follow the fields on Form 17: court, division, list, registry, case number, parties, numbered facts, an authenticity list, and the response note
  • Separate facts from documents so the costs rule that applies to each can be checked

AI must not

  • Must not add a fact or a document the lawyer has not approved
  • Must not copy an unseen Victorian form. The served Victorian notice must be put into Form 35A after the current form is checked
  • Must not say that New South Wales indemnity costs under r 42.8 apply to a disputed document. Rule 42.8 is about a fact disputed under r 17.3(2)
  • Must not describe a failure to dispute as an admission outside the proceeding, or in favour of anyone other than the party who served the notice

The lawyer checks

  • Each fact is true on the material the lawyer has, and each document is one the lawyer is prepared to prove
  • The time stated is not less than 14 days after service. In Victoria the rule says the time shall not be less than 14 days after service. In Queensland and New South Wales the period is 14 days
  • Victoria: the notice is in Form 35A and a disputing notice is in Form 35B (r 35.03(4) and r 35.05). The text of Form 35A was not opened. The same Form 35A and Form 35B requirement was read in County Court r 35.03. County Court r 35.05 was not opened
  • If a disputing notice is served and the fact or the authenticity is afterwards proved, Victorian r 63.18 says that party shall pay the costs of proof unless the Court otherwise orders. The rule does not say those costs are indemnity costs
  • Queensland r 189 uses one notice for facts or documents. No form number was opened. The costs of proof are payable unless the court otherwise orders, and the rule does not say they are indemnity costs
  • New South Wales r 42.8 is indemnity costs of a fact that was disputed under r 17.3(2) and is later proved or admitted, including preparation costs if the fact is not proved. The entitlement is not affected by a costs order unless that order refers to it. Rule 17.5 is about discovery admissions and is not this costs rule
  • An admission may be withdrawn only with leave. The notice does not cover the Magistrates' Court of Victoria, the Queensland Magistrates Court, or the Local Court of New South Wales

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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