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WA Statement of Defence - Form 21 - What to Put Under Law?

Discussion in 'Australian Consumer Law Forum' started by Sue, 1 June 2014.

  1. Sue

    Sue Member

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    I received a general procedure claim for the Magistrates Court of WA, and I need to file a Notice of Intent to Defend, together with a Statement of Defence Form 21. This form asks for:
    1. Summary of facts
    2. Area of law
    3. Basic contentions

    What do I put under area of law?

    I would like to defend the case myself without the expense of a lawyer if possible.
     
  2. rebeccag

    rebeccag Well-Known Member

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    G'day Sue,
    Have you had a read of the Magistrates Court WA Statement of Defence Fact Sheet?
    If you're filing in defence, I imagine you're aware of what you're defending against? You've posted here in the Australian Consumer Law forum - is that the area of law you think is relevant to your situation? The area of law would be specific to the facts of your particular situation which we haven't been made aware of.
     
  3. Sue

    Sue Member

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    Thanks. Yes, I have read the statement of defence on the Magistrates website.

    I booked airline tickets to Bali with an online travel agent back in 2012.
    The agent wouldn't finalise the booking payment. They said I had to provide a number of ID documents first. I argued they didn't need these documents. I didn't have a scanner and with all the media reports of identity theft I was reluctant to comply with that request. The agent insisted and said I had 24 hrs to give them the docs. I assumed that as them exercising their right not to supply the tickets, so I said to cancel the booking. A few days later the agent debited my credit card even though they said they couldn't/wouldn't. By that time I had booked and paid for tickets elsewhere with another agent - a course of action I wouldn't have taken except for their unnecessary and unfounded requirements.
    So then I had 2 flights for the same days. I attempted to get a refund unsuccessfully. I went to consumer protection who also tried to get a refund, on the basis of consumer law, also unsuccessfully. Then I contacted my credit card company who initiated an investigation into unauthorised credit card debits, found in my favour and they reversed the charges. Now the online travel agent is pursuing me for the original full cost of the tickets, despite my request to them to cancel and advice for months that I had booked elsewhere.

    I am unsure what laws to use as my defence?
     
  4. rebeccag

    rebeccag Well-Known Member

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    I would have thought you'd try to defend under the Australian Consumer Law, but why was Consumer Protection WA unsuccessful?
    If they were unsuccessful because you didn't have a strong case, then they might not hold up in court. But if they were unsuccessful because they didn't really follow up, or something like that, then it might be a different story.
    It might be worth getting in contact with Consumer Protection again to bounce ideas about your current situation.
     
  5. John R

    John R Well-Known Member

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    Hi Sue,
    I agree with rebeccag - Why were you unsuccessful under Australian Consumer Law?
     

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