Statement of claim (Rule 8.05(1)(a)) (Form 17)

Rule 8.05 of the Federal Court Rules 2011 says what must accompany an originating application (Form 15). If the relief sought includes damages, it must be accompanied by a statement of claim, unless a practice note requires or permits an alternative document; if it does not include damages, a statement of claim or an affidavit may be used. A statement of claim must be in accordance with Form 17 (r 8.05(3)). Because it is a pleading, it must also follow Part 16: numbered paragraphs, material facts rather than evidence, the statutory provisions relied on and the relief claimed (r 16.02), with a statement of who prepared it and, if a lawyer prepared it, the lawyer's certificate (r 16.01).

When you need it

• You are starting a proceeding in the Court's original jurisdiction and the originating application claims damages.
• Your claim does not include damages but you prefer to plead the case rather than rely on an affidavit (r 8.05(2)).
• The Court has ordered pleadings in a proceeding that started on a concise statement or affidavit.
• Check the relevant practice note first: the Central Practice Note (CPN-1) allows a proceeding to be started with a concise statement of no more than 5 pages instead.

1. 1

   Complete the heading

   Enter the District Registry, Division and the parties, matching the originating application. Leave the number for the registry on first filing.

2. 2

   Plead in numbered paragraphs

   Replace 'Plead as required by the Rules' with consecutively numbered paragraphs, each dealing with a separate matter as far as practicable, as briefly as the case permits (r 16.02(1)).

3. 3

   Plead material facts, statutes and relief

   State the material facts needed to give the respondent fair notice of the case, but not the evidence. Identify any statutory provisions relied on and the specific relief claimed, which cannot go beyond the originating application (r 16.02(1), (4)).

4. 4

   Give particulars

   Include the necessary particulars (r 16.41). Allegations of fraud, misrepresentation, unconscionable conduct, breach of trust, wilful default or undue influence need particulars of the facts relied on (r 16.42), and a damages claim for money paid or payable must state the amount (r 16.44).

5. 5

   Sign and complete the preparer statement

   Date and sign it as the applicant or the applicant's lawyer (r 2.15) and state who prepared the pleading (r 16.01).

6. 6

   Complete the certificate of lawyer

   If a lawyer prepared the pleading, the lawyer signs the certificate that the factual and legal material available provides a proper basis for each allegation (r 16.01(c)). A self-represented applicant leaves the certificate out.

• File the statement of claim with the originating application, usually through eLodgment. A filing fee applies to the originating application; check the Court's current fee schedule.
• When the documents are filed, a Registrar fixes a return date and place for hearing and endorses them on the application (r 8.05, note 2).
• Serve the originating application and statement of claim personally on each respondent as soon as practicable and at least 5 days before the first directions hearing or the hearing, whichever is earlier (r 8.06).
• A respondent must file a defence (Form 33) within 28 days after service of the statement of claim (r 16.32).

• Do not plead evidence or argument. A pleading that is evasive, ambiguous or likely to cause embarrassment or delay can be struck out (r 16.02(2)).
• Keep the relief consistent with the originating application, since a pleading cannot claim additional relief (r 16.02(4)).
• Complete the footer at the foot of the front page with the filing party, preparer and address for service (r 2.16).