A NSW Statement of Claim is a legal document that enables a person to initiate local court proceedings. This is commonly used in civil cases such as loan agreements, unpaid bills, motor vehicle accident damages, services paid for and not provided, and unreturned property. The person who prepares this document is the plaintiff while the respondent is the defendant.
Nsw Statement of Claim: What Form Should You File?
In New South Wales (NSW), the Statement of Claim must be prepared per the Uniform Civil Procedure Rules (UCPR). There are two types of NSW Statement of Claims. Let’s look at both of the types and what to put in the forms:
| Statement of Claim filing party legally represented | Statement of Claim – filing party acting in person or by authorised officer |
| 1. Names of plaintiff(s) and defendant(s) 2. Contact information (Name, telephone, and email address) of plaintiff(s) and defendant(s) 3. Contact information (Name, telephone, and email address) and solicitors of each party 4. Claim amounts 5. 4. Pleadings and particulars. These are the facts that the plaintiff will rely on when they present their civil case. 5. Notice to defendant. This section contains consequences if the defendant does not respond to the claim. | 1. Names of plaintiff(s) and defendant(s) 2. Contact information of plaintiff(s) and defendant(s) (Name, telephone, and email address) 3. Claim amounts 4. Pleadings and particulars. 5. Notice to defendant. |
Note: The local court will only handle civil cases with a NSW Statement of Claim worth AUD 100,000 and below. Meanwhile, the District Court or Supreme Court will handle civil cases of anything more than AUD 100,000.
How Will the Defendant Respond?
The defendant will have the opportunity to file a defence to the claim, setting out their version of events and any defences they may have. In the event that they don’t respond, the plaintiff can get a default judgment made against the defendant.
If the defendant responds, the court case will then proceed to trial, where the same court will make a court judgment. The court will conduct the trial based on the evidence of the parties. The defendant can file a defence form if they disagree with the claim. Moreover, they can also request more information from the plaintiff by requesting further and better particulars.
Purposes of NSW Statement of Claim
The main purpose of a Statement of Claim in NSW is to commence a civil lawsuit and set out the details of the plaintiff’s claim against the defendant. The document serves several important purposes, including:
- Notifying the defendant: A person who will serve a Statement of Claim notifies the defendant of their specific allegations. In return, this notification gives the defendant an opportunity to respond and defend themselves in the relevant court.
- Outlining the plaintiff’s case: The Statement of Claim sets out the material facts and legal basis for the plaintiff’s claim. This provides the defendant and the court with a clear understanding of the nature of the dispute and the issues in contention.
- Defining the scope of the case: The Statement of Claim sets out the relief or remedy sought by the plaintiff, which helps to define the scope of the case and what the court is being asked to decide.
- Facilitating settlement discussions: The filing of a Statement of Claim often triggers settlement discussions between the parties. By setting out their claim in detail, the plaintiff may be able to persuade the defendant to settle the dispute without the need for a trial.
- Establishing a timeline: The filing of a Statement of Claim starts the clock on various deadlines and procedural steps that must be followed in the lawsuit. This helps to ensure that the case moves forward in an orderly and efficient manner.
How to Write NSW Statement of Claim?
Writing a Statement of Claim in NSW can be a complex and technical process. We recommend that you seek the assistance of a lawyer to ensure you prepare and file the document properly. However, if you decide to prepare the document yourself, the follow these steps:
1. Choose a method for which you want to fill out a NSW statement of claim:
- Online: This can be done using the NSW Online Registry for a digital filing process
- Physical: You can also print the form and fill it out manually using a blue or black pen
- Digital: The third option is to fill out the form directly on your computer
2. Gather the defendant’s details. Please look at the first part of this article for the details you need. Don’t forget to include the court details as well.
3. Identify whether you will file the claim as a Statement of Claim filing party legally represented or a Statement of Claim – filing party acting in person or by authorised officer. You may include interest if the claim exceeds AUD 1,000.00.
4. Sign the form. Make sure to use a legal signature, especially when filling out the form online. It is easy to tamper with an online signature. Hence, it is highly recommended to file the claim using a physical copy.
5. File the form online in the NSW Online Registry or at the designated court.
Sample Claims From Legal Aid
Legal Aid has some instructions NSw Statement of Claims for the following cases:
| Debt | Instructions Sample |
| Car Accidents | Instructions Sample Example |
| Interstate Service (if the defendant is outside NSW) | Sample |
As mentioned, plaintiffs should file their Statement of Claim in NSW under the Uniform Civil Procedure Rules. Failure to comply with these rules may result in the claim being dismissed or delayed. this is why it is important to seek legal advice from a lawyer before filing the claim.
Attending Court? Seek Advice From Our Civil Law Team
For more information on NSW statement of claim, do not hesitate to speak with our award-winning civil law solicitors. We can present you with legal advice if you wish to serve a statement of claim to the other party. Our lawyers can answer questions related to court documents, filing fees and any party claims.
You can even get external dispute resolution depending on the type of dispute such as if it is related to consumer credit debts or consumer credit debt. This option enables plaintiffs to save up on legal costs for filing a claim and instead have out-of-court resolutions. If this option is not achievable, then we will represent you at court and help you approve your claims.
Do not hesitate to contact our team of lawyers today for legal help.
