Our Sydney Claims Lawyers Can Help You File a Statement of Claim Form The Right Way
Have you been issued a statement of claim by the local court or supreme court? Are you seeking legal advice or assistance on filing one?
We provide complete legal solutions to disputes and small claims in Sydney and New South Wale.
Statement of Claim definition
A statement of claim (SoC) is a legal document that’s written to imply the facts stated by the litigant, who’s also known as the plaintiff. Upon filing of this notice, the judicial process kicks in.
In most occasions, a SoC is prepared by a lawyer. If you are the defendant, it will be served to you by the NSW Local Court and will indicate the start of any legal action against you.
A statement of claim should be issued upon the defendant.
Statement of claims are necessary documents in any case concerning claims. Small claim or not, failure to make statement of fact related or needed for the claim can be fatal or disappointing to someone you don’t want to disappoint: the judge of the trial.
Civil Procedure Regulation 2012 rules imply that any document prepared for a court proceeding must contain the address of the lawyer representing you or, if you are not represented by a lawyer, an address for service in Australia. Documents and court orders will be sent to this address.
Statement of claims require payment of applicable filing fee. The filing fee varies on the type of action, as follows:
Fees must be paid at the time of filing your statement of claim.
Your SoC must be delivered to the Registry with one original and as many copies as you want to serve. These will then be certified by the Registry through stamp. The original copy goes to the Registry, while certified copies are returned to you.
What are the facts included in a SoC?
The plaintiff fills up the form to include the information based on the facts that they rely upon regarding the matter in question. Depending on the nature of your claim, they must supply relevant information according to the rules of the court. Such rules are found in part 10 of the Uniform Civil Procedure Rules 2005.
Common details found in the document are:
- Names of disagreeing parties
- Back portion – name of the plaintiff and their lawyer (if any) and address of plaintiff and legal service
- The dispute between two parties, its description, and the facts that back the plaintiff’s statement
Other fees may apply depending on the nature of the claim.
SoC is served, what happens next?
After a period of 21 days, the defendant is expected to:
- Pay the amount in full
- Respond to the SoC through the ACT Civil and Administrative Tribunal (ACAT), stating your proposed payment schedule for the sake of security of payment
- Contact the plaintiff to make settlement arrangements; when agreement is made, it must be put to paper and be duplicated in copies to be sent to the ACAT
Can the amount owed be settled prior to the date of hearing?
Yes, it can. Once settled, a document must be signed by both parties and be sent to the ACAT. In the absence of an agreement, the matter will be heard in the court.
How does the hearing work?
Both the defendant and plaintiff will be notified of the date of hearing. Some people are not represented by their lawyers, but we strongly recommend that you opt to. There is more advantage to having someone defend you in court. Plus, solicitor’s fees have now become more affordable.
In every proceeding, the defendant and the plaintiff will present their pieces of evidence and statements in the court. After proving the case of both parties, the Magistrate court will make an order following the rules of the law.
How is the court order implemented?
If the court agrees on the plaintiff’s favor, the amount in question may be given in installments, including the interest earned during the process. In the case the defendant is unable to comply, a legal order may be enforced by the court.
Can I file an appeal?
The unsuccessful party can make an appeal before the Court of Appeals, given that the order hasn’t been issued for more than 28 days.
Our reliable Sydney lawyers can help you
We provide complete assistance for your claims – from filling up of Statement of Claim forms up to appealing to court orders. Our skilled solicitors have extensive years of experience in handling all types of claims, using our client-proven approach to debt recovery.
Speak with one of our Sydney litigation lawyers to get free legal advice today.