Statement of Cross-claim (Form 9)

A cross-claim lets a defendant bring its own claim inside the existing proceedings instead of starting new ones, either against the plaintiff or against another person, including someone not yet a party. Section 22 of the Civil Procedure Act 2005 permits cross-claims, and Part 9 of the Uniform Civil Procedure Rules 2005 (NSW) governs them; Form 9 cites r 9.1. The NSW Online Registry explains that a cross-claim against a new party must seek relief related to or connected with the plaintiff's claim (s 22(2) requires relief against a non-plaintiff to relate to, or be connected with, the subject of the proceedings), that it must be pleaded fully like a statement of claim (UCPR Parts 9 and 14), and that r 9.7 sets out the documents to be served on a new cross-defendant.

When you need it

• You are a defendant and have your own claim against the plaintiff arising from the same dispute.
• You say another person, such as a subcontractor or insurer, should contribute to or indemnify you for the plaintiff's claim.
• You want all related claims decided together in the existing proceedings.

1. 1

   Court details, title and title of cross-claim

   Copy the title of the proceedings, then complete the title of this cross-claim, naming the cross-claimants and cross-defendants (with a number if there are more than two, and the full list in Party details).

2. 2

   Relief claimed and pleadings

   List each order or amount claimed, then plead the material facts and particulars in numbered paragraphs, as for a statement of claim.

3. 3

   Certificates and fee acknowledgement

   A legal representative states whether a certificate under clause 4 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014 is required for any damages claim, and confirms the client has been told court fees, including a hearing allocation fee, may be payable. An unrepresented party signs the fee acknowledgement.

4. 4

   Registry address and notice

   Insert the registry's street and postal address and phone number. The printed notice tells the cross-defendant that if no defence is filed they will be bound by any judgment so far as it relates to the cross-claim.

5. 5

   Affidavit verifying and party details

   Complete the verifying affidavit where required (not in Local Court proceedings). On the last page give the list of parties to the cross-claim and the name and address of any cross-defendant who is a new party.

• File in the proceedings at the court registry or through the NSW Online Registry, which lists the Statement of Cross Claim (UCPR 9) as a form you can file after opening your existing case.
• Serve the cross-claim on the cross-defendants. For a new party, check r 9.7 for the documents that must be served with it. The form states that a list of parties must be filed and served with the cross-claim.
• Amending a cross-claim needs leave; the Online Registry says this is sought by notice of motion, or at the pre-trial review in the Local Court Small Claims Division.
• Check the current fee schedule for the court.

• Plead the cross-claim as carefully as a statement of claim; it stands on its own as a claim.
• Serve a new cross-defendant with what r 9.7 requires so they understand the whole case they are being joined to.
• If you include the verifying affidavit, add a statement that generative AI was not used (Practice Note SC Gen 23); this form version does not include one.