Statement of Claim Standalone (Form 8)

A claim in South Australia is started with Form 1 Claim, which contains or is accompanied by a statement of claim (r 63.1). Rule 63.2 of the Uniform Civil Rules 2020 (SA) then requires any statement of claim filed later, including an amended statement of claim under rule 69.3 and one filed in place of a short form statement of claim under rule 68.1, to be in Form 8 and to comply with the pleading rules in Chapter 7 Part 7. Those rules require a pleading to set out the facts relied on, identify any statutory provision relied on, and give fair notice of the case (r 67.2), and to carry a certificate from the filing lawyer or the self-represented party (r 67.3).

When you need it

• You started with a short form statement of claim, the respondent filed a defence, and you must now file a full statement of claim within 21 days after service of the defence (r 68.1(1)).
• You are amending your statement of claim under rule 69.1 or 69.2 and file the revised version (r 69.3).
• The court has ordered you to file a statement of claim, or one is otherwise filed after the action began (r 63.2).
• Note: for claims under the Building Work Contractors Act, Retail and Commercial Leases Act or Second-hand Vehicle Dealers Act, use the specific standalone Forms 8A, 8B or 8C (r 67.5(1)).

1. 1

   Complete the heading and lodging party

   Delete all but the correct court, add minor civil or the list name if applicable, list the parties with party numbers and the case number, and give the lodging party and any law firm.

2. 2

   Part 1: introduction

   Summarise the claim in one or two sentences and list the legal basis: each cause of action or statutory claim. Rule 67.2(2)(b) requires you to identify any statutory provision relied on.

3. 3

   Part 2: background facts

   Set out, in separate numbered paragraphs, the facts you expect to be agreed.

4. 4

   Part 3: other material facts

   Set out the other facts that support the claim in numbered paragraphs, being specific about when, where and what occurred. Do not plead inconsistent facts unless in the alternative, irrelevant material, or evidence and argument (r 67.2(3)). A personal injury claim must state in general terms the matters in r 67.5(2).

5. 5

   Part 4: orders sought

   List the orders sought in numbered paragraphs. In the Magistrates Court, the claim or statement of claim must state the amounts and the total claim value (r 67.5(4)).

6. 6

   Certify and sign

   Mark the lawyer's certificate (filed on instructions, proper basis for each allegation, complies with the rules) or the litigant in person certificate (responsible for the pleading, allegations true to the best of your knowledge, information and belief), then sign, print your name and date it (r 67.3).

• File the statement of claim in the existing case through the CourtSA portal or at the registry. An amendment is made by filing a revised version in accordance with rule 33.2 (r 69.3(1)).
• Serve an amended statement of claim on each other party as soon as practicable (r 69.3(2)).
• After a full statement of claim replaces a short form claim, the respondent may file an amended defence within 14 days after service, and you may reply within 14 days after that (r 68.1(4), (5)).
• Amending without consent or leave is allowed up to 14 days after lists of documents are due, but not to add a party, add a statute-barred cause of action or withdraw an admission (r 69.1). The amending party ordinarily pays the costs of the amendment (note to r 69.1).

• Use Form 1S, not Form 8, for the statement of claim uploaded with a new Claim on the Electronic System. Form 8 is only for statements of claim filed after the action has started.
• Every allegation of fact needs a proper basis. The certificate you sign is a statement to the court, whether you are a lawyer or self-represented.
• A defence must admit, not admit or deny each allegation (r 67.6), so short, single-fact paragraphs make the issues easier to identify.