Get Australia Uniform Civil Procedure Rules Statement 2015-2024

You must serve a stamped copy of the State​ment of ​Claim on the defendant within six months of th​e date you filed it ​at court. You should make sure that the Statement of Claim is served properly and at the correct address. If it is not served properly, it will cost you time and money.

A summary judgment application is an application for a plaintiff or a defendant seeking to end the legal proceedings early. A summary judgment will be given when a defendant or plaintiff have no real prospect of succeeding in the claim or a part of the claim; and there is no need for a trial.

Step by step guide - Completing a Statement of Claim Get ​​the form​ You need one form: ​ ... Fill out the form. You can fill out your form: ... File the form. The next step is to file the form at your nearest Local Court. ... Serve the form. Once you have filed the statement of claim, it needs to be served on the defendant. '

You may be able to file an amended Statement of Claim only if: the court gives you permission (called leave), or. it has been less than 28 days of filing the original statement of claim, as long as there is no court date set or a date fixed for trial.

Ignoring a statement of claim will not make it go away. If you do nothing, the plaintiff can get a judgment against you without having to go to court (called a 'default judgment'). All the plaintiff needs to do is wait 28 days, from the date of service, and complete a form seeking a default judgment.

A Statement of Claim is a legal form claiming that you owe someone money or you have their property. On the Statement of Claim form you are referred to as the Defendant and the person making the claim is referred to as the Plaintiff.

To obtain a default judgment for a liquidated demand or debt you need to complete a Form 25 request for default judgment and you will need to swear an affidavit of debt, using a form 46 affidavit. You will also need an affidavit of service from the person who served the defendant with the claim and statement of claim.

Where the amendment changes the substance of a statement of case it must be re-verified by a statement of truth. If the statement of case has been amended under order it is to be filed at the court, usually within 14 days of the order.