Claim (Form 1)

Rule 63.1(1) of the Uniform Civil Rules 2020 (SA) requires an action by way of claim to be instituted by filing a Claim in Form 1. The Claim must contain or be accompanied by a statement of claim that complies with the pleading rules in Part 7, unless the person filing it certifies that, in their reasonable opinion, the claim will be uncontested or is not genuinely contestable and elects to use the short form statement of claim inside the Claim (r 63.1(5)). The applicant must also certify whether a pre-action claim was served, whether a pre-action response was received and whether a pre-action meeting took place (r 63.1(4)), and must state any extension of time sought and its statutory basis (r 63.1(2)). In the Magistrates Court the Claim must state the total claim value (r 67.5(4)) and the location where the applicant asks for the matter to be heard (r 63.1(8)).

When you need it

• You are starting a civil action by way of claim, for example to recover a debt or damages, in the Supreme, District or Magistrates Court.
• You are bringing a minor civil claim in the Magistrates Court (mark the [MINOR CIVIL] heading).
• You need an extension of time to sue, for example under section 48 of the Limitation of Actions Act 1936; the Claim has a section for this (r 63.1(2)).
• Not for claims under the Building Work Contractors, Retail and Commercial Leases or Second Hand Vehicle Dealers Acts, which have their own claim forms (r 67.5(1)).

1. 1

   Complete the heading and amount claimed

   Delete all but the correct court, add minor civil or the list name if applicable, and name each party with full name, capacity and party number. Fill in the amount claimed, the court filing fee, any sheriff service fee, any solicitor's fee (Magistrates Court only) and the total, plus any other relief claimed.

2. 2

   Fill in the applicant and respondent panels

   Give the applicant's address for service, email and phone, and any law firm. For each respondent give the address, email and phone you have, and mark the box if you want the sheriff to serve that respondent.

3. 3

   Complete the claim details

   State the matter type. Mark the uncontested certification only if you genuinely hold that opinion, and mark whether you would consider mediation. If you need an extension of time, identify the provision and set out the grounds. In the Magistrates Court, state the location where you ask the matter to be heard.

4. 4

   Mark the pre-action steps and accompanying documents

   Mark whether a notice of claim was served, whether all respondents responded and whether the parties conferred (r 63.1(4)). Mark the multilingual notice (mandatory) and any notice for a respondent served interstate, in New Zealand or outside Australia (r 63.3).

5. 5

   Write the statement of claim

   Option A, a summary of 100 words or less, is only available for a minor civil action or where the uncontested certification is completed. Otherwise use Option B: Part 1 introduction and legal basis, Part 2 facts expected to be agreed, Part 3 other material facts, Part 4 orders sought, each in numbered paragraphs. If you lodge through the portal, upload a Form 1S Statement of Claim instead.

6. 6

   Sign the certification

   A lawyer certifies the pleading is filed on instructions and has a proper basis; a self-represented litigant certifies each allegation is true to the best of their knowledge, information and belief. Sign, print your name and date it.

• Lodge the Claim electronically through the CourtSA portal. The CAA says the completed document is saved in your CourtSA account under the Documents tab and given a CIV number, which creates the court file. Under the filing instructions to r 63.1, a paper Form 1 is used only if the Claim is filed at a registry.
• A filing fee applies, paid when you lodge. Check the current civil fee schedule for the court you are filing in.
• Serve the Claim documents (the Claim with the statement of claim, a Form 31 multilingual notice and any interstate, New Zealand or overseas notice) on each respondent as soon as practicable (r 63.3). A company interstate must be served personally (r 63.4). The CAA says you can serve by post, email or in person at no cost, or choose sheriff service for a fee when lodging.
• The respondent has 28 calendar days after service within Australia, or 30 business days if served outside Australia, to file a defence (form warning; r 65.1).

• Do the pre-action steps in Chapter 7 Part 1 before you file. The Court can take into account how far the parties undertook pre-action steps when it makes orders (r 12.2(2)(i)).
• Use the short form statement of claim only where it is allowed. A defended claim will need a full statement of claim.
• For a personal injury claim, the statement of claim must state the injury, treatment, effect on earning capacity and enjoyment of life and kinds of loss in general terms (r 67.5(2)), and an affidavit of personal injury particulars follows within 28 days after the first defence (r 66.1).