Summons - filing party legally represented (Form 4A)

Civil proceedings in NSW start either with a statement of claim or with a summons. The NSW Online Registry says UCPR r 6.4 outlines when you might file a summons, and some claims must start by statement of claim instead, for example claims for possession of land (r 6.3(f)). Form 4A is the approved summons where the plaintiff is legally represented, and cites Uniform Civil Procedure Rules 2005 (NSW) r 6.2. It sets out the relief claimed rather than pleaded facts, carries a hearing date that the registry inserts, and includes a notice telling the defendant that if they do not attend, judgment or orders may be made in their absence, and that they must file an appearance in the approved form before they can appear.

When you need it

• You are a solicitor starting proceedings for a client that are to be commenced by summons rather than statement of claim.
• The form's Additional information field gives examples of matters started this way, such as proceedings about the estate of a named person or an adoption.
• Use Form 4B if the plaintiff is representing themselves, Form 84 for a Part 50 appeal and Form 85 for judicial review.

1. 1

   Court details and title

   Choose the court, division and list, and name the plaintiffs and defendants (with a number if more than two, and the full list in Party details). Use Additional information for matters such as Estate of a named person.

2. 2

   Hearing details and type of claim

   Leave the hearing time, date and place for the registry to insert. Select the type of claim from the list on the UCPR forms website.

3. 3

   Relief claimed

   Set out each order, declaration or other relief sought in numbered paragraphs.

4. 4

   Certificates and signature

   State whether a certificate under clause 4 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014 is required for any damages claim, confirm the client has been told court fees may be payable, and sign with capacity and date.

5. 5

   Registry address and party details

   Insert the registry address and phone number for the notice to defendant, then complete the party details, the plaintiff's address, solicitor details and electronic service address, and each defendant's name and address.

• File at the court registry or through the NSW Online Registry's Summons form, which accepts a document consistent with Form 4A. The UCPR forms site marks Form 4A as available to file online.
• Check any practice note for the court and list about supporting affidavits to be filed with the summons.
• Serve a sealed copy, showing the hearing date, on each defendant. The notice on the summons tells the defendant they must file an appearance before they can appear.
• A filing fee applies; check the current fee schedule for the court.

• Make sure a summons is the right originating process. Some claims, such as possession of land, must be started by statement of claim (Form 3A) instead.
• Draft the relief carefully; the court can only give what is sought, and amending later may need leave.
• Check any practice note for the list you are filing in, as some require particular headings or documents.