In NSW, statement of claim is a document that a plaintiff prepares when they want to initiate local court proceedings in civil cases. The plaintiff usually serves this statement of claim to the other party in the dispute – the defendant. NSW statement of claim form summarises all facts of the case.
A Statement of Claim is a legal document that sets out the details of a claim made by a plaintiff against a defendant in a civil lawsuit. In New South Wales (NSW), one must prepare Statement of Claim in accordance with the Uniform Civil Procedure Rules (UCPR). See here.
The Statement of Claim must include the following information:
- The names and addresses of the parties involved (plaintiff and defendant).
- A statement of the material facts on which the plaintiff relies to support their claim.
- The legal basis for the claim, including the relevant laws and legal principles.
- The relief or remedy sought by the plaintiff, such as damages or an injunction.
- The amount of money claimed (if applicable).
A party must file the Statement of Claim in the appropriate court. This will depend on the amount of the claim and the nature of the case. The defendant will then be served with a copy of the Statement of Claim. They will also receive a notice of the court date for the first appearance.
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. If they don’t respond to it, the plaintiff can ask the court to make a default judgment against the defendant.
Where the defendant responds, the court case will then proceed to trial. Here the court will make a court judgment based on the evidence presented by both parties. The defendant can file a defence form if they disagree with the claim. Moreover, they can also request for more information from the plaintiff by requesting for 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: By filing and serving a Statement of Claim, the plaintiff notifies the defendant of the specific allegations against them and the relief they seek. This gives the defendant an opportunity to respond and defend themselves in 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. This helps to define the scope of the case and what the court needs 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 parties must follow 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?
- Identify the parties: The first section of the Statement of Claim should identify the plaintiff and the defendant by name and address.
- Provide a brief overview of the claim: The next section should provide a brief summary of the claim that the plaintiff makes. This should include a description of the nature of the dispute and the relief they seek.
- Set out the material facts: The bulk of the Statement of Claim should set out the material facts on which the plaintiff relies to support their claim. They should set this out in a clear and concise manner, with each paragraph dealing with a separate issue or fact. It is important to include all relevant facts. Failure to do so can result in the courts dismissing the claim.
- Identify the legal basis for the claim: The Statement of Claim should also identify the legal basis for the claim, including any relevant legislation, case law, or legal principles.
- Specify the relief sought: The plaintiff should specify the relief sought in the Statement of Claim. This could include a request for damages, an injunction, or any other appropriate remedy.
- Provide an estimate of the amount claimed: If the plaintiff is claiming a specific amount of money, this should be stated in the Statement of Claim. If the amount is not yet known, the plaintiff should provide an estimate of the amount claimed.
- Sign and date the document: The Statement of Claim must be signed and dated by the plaintiff or their lawyer.
Seek Advice From Our Civil Law Team for Legal Help
It is important to note that the requirements for a Statement of Claim in NSW are set out in the Uniform Civil Procedure Rules, and failure to comply with these rules may result in the claim being dismissed or delayed. It is therefore recommended that you seek legal advice before preparing and filing a 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.
For more information on NSW statement of claim, do not hesitate to speak with our award-winning civil law solicitors. We can provide 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 document, filing fees and any party claims.
You can even get external dispute resolution depending on the type of dispute, for instance, if it is related to consumer credit debts or consumer credit debt. On the other hand, if you are the defendant, we can also provide tailored advice to you on what your next steps should be in terms of making a cross claim.
Do not hesitate to contact our team of lawyers.
