Statement of claim/Amended statement of claim (Form 3A)

Civil proceedings in NSW are started by filing a statement of claim or a summons (Uniform Civil Procedure Rules 2005 (NSW) r 6.2). A statement of claim is required for, among other things, debt or liquidated claims, tort claims, fraud, damages for death, personal injury or property damage, possession of land and defamation (r 6.3). Form 3A is the approved statement of claim where the plaintiff has a solicitor; Form 3B is the version for a plaintiff acting in person. The approved forms list has no separate form for an amended statement of claim. The form includes the notice to the defendant that r 6.13 requires.

When you need it

• You act for a plaintiff starting a claim that must, or that you choose to, proceed by statement of claim (rr 6.2, 6.3).
• You are amending an existing statement of claim. An amended pleading must also be verified where verification applies (r 14.23(2)).
• Use Form 3B instead if the plaintiff is not legally represented.

1. 1

   Court details, title and type of claim

   Choose the court, division, list and registry, and name the parties. Select the type of claim from the list published on the UCPR forms website.

2. 2

   Relief claimed

   State specifically what the plaintiff wants (r 6.12(1)). Interest up to judgment must be specifically claimed and, for a liquidated claim, the period must be stated (r 6.12(6) and (7)). For a liquidated claim, complete the table of amount, interest, filing fees, service fees and solicitor's fees.

3. 3

   Pleadings and particulars

   Set out the material facts in numbered paragraphs, one matter per paragraph where convenient, without pleading evidence and as briefly as the case allows (rr 14.6 to 14.8).

4. 4

   Solicitor's certificate and signature

   Choose whether a certificate under clause 4 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014 is needed (damages claims) and sign. The form also confirms the plaintiff has been told court fees, including a hearing allocation fee, may be payable.

5. 5

   Notice to defendant and registry address

   Leave the notice in place: it tells the defendant they will be in default if no defence is filed within 28 days of service. Insert the registry's street and postal address and phone number.

6. 6

   Affidavit verifying

   In the Supreme and District Courts the plaintiff (or a qualified person) verifies that the allegations of fact are believed true (r 14.23). Omit it in Local Court proceedings. Verification does not apply to claims for defamation, malicious prosecution, false imprisonment, trespass to the person, death or personal injury unless ordered (r 14.22).

• File the statement of claim with the court registry or through the NSW Online Registry, which lists Statement of Claim (UCPR 3A/3B) as a form that can be filed online. A filing fee applies; check the current fee schedule.
• Serve it on each defendant (r 6.2(3)). The served copy must show the court seal, the case number and any listing date (r 6.2(3A)). In the Supreme and District Courts originating process must be personally served (r 10.20(2)(a)); the Local Court permits other methods, including service by the court.
• It is valid for service for 6 months after filing in the Supreme Court and Local Court. In the District Court it is valid for 6 months for debt or liquidated claims or where a defendant is to be served outside NSW, and otherwise for one month (r 6.2(4)).
• The defendant has 28 days after service to file a defence (r 14.3). If they do not, you can apply for default judgment with an affidavit of service (rr 16.2, 16.3).

• For a claim for money only, include the note r 6.17 requires about paying the claim and the fixed costs, so the defendant can pay and stay the proceedings.
• Diarise the service deadline. In the District Court a non-liquidated claim served in NSW has only one month (r 6.2(4)(b)(ii)).
• An amended statement of claim served on a defendant who has not appeared or filed a defence must be served in the same way as an originating process (r 10.20(6)).