If you’re having a dispute with another party who owes you money or goods and you want to take the matter to court, you generally begin the process by filing a Statement of Claim. The Uniform Civil Procedure Rules 6.3 provides a list of proceedings that must be started by filing a Statement of Claim.
The claim typically contains the names and addresses of the parties involved, a statement of the facts giving rise to the dispute, and a description of the relief sought by the applicant, such as a sum of money or specific goods.
A well-drafted Statement of Claim is crucial to the success of any legal action, as it sets out the foundation for the entire case and provides a clear picture of what the applicant is seeking to achieve.
Filing or responding a statement of claim can be complex, and there are often strict procedural rules that must be followed. Our lawyers can guide you through these rules, ensuring that your case is filed correctly and on time, and that you comply with all necessary requirements.
We can also assess the strength of your case and determine the most appropriate legal strategy. We can provide you with an objective opinion on the merits of your case and the likelihood of success, which can be crucial in deciding whether to proceed with legal action.
Our lawyers can file legal documents, such as the Statement of Claim or a Statement of Defence, that are clear, concise, and persuasive. A well-drafted document can make all the difference in the success of your case.
The team of dispute lawyers at Progressive Legal are trained to provide advice and representation when filing or responding to a Statement of Claim.
1. File the form
After filling out your SoC, you can file it online via the NSW Online Registry and following the prompts. Alternatively, you can file your SoC by taking it to the court. In this case, the court will keep the original SoC, so you should start by making copies of the form for yourself and each of the defendants. The court will stamp, date and add a file number to the SoC and send you back a copy.
2. Serve the form
You can serve your SoC yourself or ask a friend to do it for you. Alternatively, you can pay the Local Court or a private process server to do it for you. This process will involve an affidavit of service form (downloadable here) to be filled out by the person who served the SoC, as proof that the SoC was served.
3. Wait 28 days
If after 28 days you have not heard from the defendant or received anything from the court, you can apply for a Default Judgement. This is where the court makes a judgment against the defendant without having to go to court, as a result of the defendant not responding to your SoC.
1. Filing fees
The filing fees are (as at 1 July 2022):
2. Service fees
If you choose to use the Local Court, they will charge $46 to serve the claim upon an individual. If you choose to use a private process server, they will charge approximately $50 – $100 + GST.
Legal fees may apply if you engage a lawyer to help you with the process.
1. Obtain legal advice
Statements of Claim are serious and timely legal documents which are the beginning of court proceedings. Therefore, we recommend obtaining legal advice ASAP if you have received a statement of claim.
You may be able to come to an agreement with the other party if you negotiate with them, and they may withdraw their claim.
3. File a defence
If you disagree to owing part or all of the claim, you may file a defence form (downloadable here) within 28 days of being served.
4. File a cross-claim
If you believe that the other party owes you money or goods, you may file a statement of cross-claim (form downloadable here) within 28 days of being served.
If you don’t respond within 28 days of receiving the Statement of Claim, the issuing party may obtain a default judgment against you without having to attend court and without you being notified. This may result in your bank account being garnished or a sheriff coming and seizing your property to pay the claimed debt amount. You may apply to set aside the default judgement, however this can be difficult and results aren’t guaranteed.
“Within 1 month, Ian had the matter resolved and negotiate a settlement for me.”
Lahra Macnab, Founder at Lala Design