In a response to a notice of application, what document must a respondent file instead of a statement of defence?

In response to a notice of application, a respondent must file a Notice of Appearance and a Factum. The Notice of Appearance is essential as it formally indicates to the court that the respondent is contesting the application. It serves as a prerequisite to participating in the proceedings and ensures that the respondent's intentions are clearly communicated to the court.

In addition, the Factum is a critical document that outlines the legal arguments and facts that the respondent intends to rely on in opposing the application. It provides a structured format for the respondent to present their case, including the relevant law and factual background. In applications, this format replaces the traditional statement of defence commonly used in regular civil actions.

Collectively, these documents fulfill the procedural requirements for responding to an application and ensure that the respondent's rights are preserved while presenting their arguments effectively. Thus, both the Notice of Appearance and the Factum are necessary components of the response in this context.