---
title: "Notice to admit facts or documents (Victoria, Queensland and New South Wales)"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/notice-to-admit-facts-personal-injury"
type: "precedent"
site: "AI Law Framework"
id: "a21-notice-to-admit-facts-personal-injury"
area_id: "A21"
kind: "notice"
ai_level: "yellow"
version: 1
task_ids: ["A5-LA20261022-5"]
law_stated_as_at: "2026-10-23"
---

# 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.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/notice-to-admit-facts-personal-injury  
Law stated as at: 2026-10-23

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

## Key facts

- Kind: Notice. A formal notice to serve or publish.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: Victoria, Queensland, New South Wales
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-23
- Status: Maintained. Checked on 2026-10-23 against the 10 authorities it cites, for Victoria, Queensland and New South Wales.

## 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

- [Record candidate facts and documents for a notice to admit](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/record-candidate-facts-and-documents-for-a-notice-to-admit.md)

## 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

## Authorities

- [Supreme Court (General Civil Procedure) Rules 2025 (Vic) r 35.03 (notice to admit facts; time not less than 14 days; Form 35A and Form 35B; admission for the proceeding only)](https://www5.austlii.edu.au/au/legis/vic/consol_reg/sccpr2025433/s35.03.html)
- [Supreme Court (General Civil Procedure) Rules 2025 (Vic) r 35.05 (notice to admit the authenticity of documents; Form 35A and Form 35B)](https://www5.austlii.edu.au/au/legis/vic/consol_reg/sccpr2025433/s35.05.html)
- [Supreme Court (General Civil Procedure) Rules 2025 (Vic) r 35.06 and r 63.18 (a party who disputes a fact or authenticity that is afterwards proved shall pay the costs of proof unless the Court otherwise orders)](https://www5.austlii.edu.au/au/legis/vic/consol_reg/sccpr2025433/s63.18.html)
- [County Court Civil Procedure Rules 2018 (Vic) r 35.03 (Form 35A and Form 35B; 14 days)](https://classic.austlii.edu.au/au/legis/vic/consol_reg/cccpr2018380/s35.03.html)
- [Uniform Civil Procedure Rules 1999 (Qld) r 189 (facts or documents; 14 days; costs of proof unless the court otherwise orders)](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s189.html)
- [Uniform Civil Procedure Rules 2005 (NSW) r 17.3 (notice to admit facts; 14 days; admission for the proceedings only, in favour of the requesting party only)](https://www5.austlii.edu.au/au/legis/nsw/consol_reg/ucpr2005305/s17.3.html)
- [Uniform Civil Procedure Rules 2005 (NSW) r 17.4 (notice to admit authenticity of documents; the same 14-day structure)](https://www5.austlii.edu.au/au/legis/nsw/consol_reg/ucpr2005305/s17.4.html)
- [Uniform Civil Procedure Rules 2005 (NSW) r 42.8 (indemnity costs of proving a fact disputed under r 17.3(2), or of preparing to prove it, unless the court orders otherwise)](https://www5.austlii.edu.au/au/legis/nsw/consol_reg/ucpr2005305/s42.8.html)
- [NSW UCPR Form 17, version opened from ucpr_form_17_v2.pdf, Notice to admit facts and authenticity of documents, including the 14-day response note](https://ucprforms.nsw.gov.au/documents/pdf/ucpr_form_17_v2.pdf)
- [Uniform Civil Procedure Rules 2005 (NSW), in-force compilation current from 13 March 2026. The official page was opened on 23 October 2026. Its extract contained Schedule 7 and not the operative rules, which were read on AustLII](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2005-0418)

## 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/personal-injury-and-compensation/notice-to-admit-facts-personal-injury 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.*