Claim (Form 1)

Under the Magistrates Court (Civil Division) Rules 1998 (Tas), an action is commenced by a claim filed in a registry (r 25(1)-(2)). A claim for a debt or liquidated sum must state the amount claimed, the costs claimed and the amount claimed for service (r 25(3)). Form 1 is the court's claim form: it sets out the claimant and defendants, the type and summary of the claim, the particulars, and a notice telling the defendant what to do within 21 days. The court's website says claims up to $15,000 are minor civil claims and claims from $15,001 to $50,000 are civil claims; the same claim form starts both.

When you need it

• You want to recover money in the Magistrates Court of Tasmania, for example a debt, a building or contract dispute, personal injury or motor vehicle property damage.
• Your claim is $15,000 or less (minor civil claim) or $15,001 to $50,000 (civil claim). The court's page says it deals with larger claims only if everyone agrees.
• Before a personal injuries claim, note the extra steps: a notice of intended action must be served at least 90 days before filing (r 28).

1. 1

   Parties

   Give the claimant's full name and address and each defendant's full name and address. The court's guide says to use the registered name and ABN or ACN for companies and businesses.

2. 2

   Type of claim

   Tick debt, building dispute, contract, personal injury, motor vehicle property or other (and specify).

3. 3

   Summary of claim

   Enter the amount of the claim, the court filing fee, the service and other fees, any solicitor's costs and the total. For a debt or liquidated sum, costs and service amounts follow Schedule 1 of the Rules (r 25(3)-(5)).

4. 4

   Particulars of claim

   Briefly state the date, place and circumstances the claim arose from, attaching extra pages if needed. The court's guide asks for as much detail as possible.

5. 5

   Sign and give an address for service

   The claimant or solicitor signs and dates it, and states who filed it and their address for service, phone, fax, DX and contact.

6. 6

   Affidavit of service (after service)

   The person who served the claim completes page 2: date, time and method of service, and swears it before a Justice of the Peace.

• File the original and three copies at a court registry and pay the filing fee; the registry keeps one and returns three (court's civil disputes page). Check the current fee on the court's fees page.
• Serve the claim within one year after filing; the Court can extend time if you apply within that year (r 26).
• Service methods for an originating process: personal service, registered post to the usual residence or business, leaving it with a person apparently 16 or over at the residence or business, or for a company leaving it at or posting it to the registered office (r 40(1)). If you use registered post, file the posting receipt and signed delivery receipt with the affidavit of service (r 40A).
• Serve each defendant. Do not serve on Good Friday or Christmas Day (r 40(4)).
• The defendant has 21 days after service to file a defence (r 48). After 21 days, return the claim and affidavit of service to the registry; if no defence has been filed you may enter default judgment (r 116).

• Do not split one cause of action into two or more claims (r 27).
• The court's service fact sheet says the period from 23 December to 7 January does not count towards the 21 days, so the time may be longer around the holidays.
• For a motor vehicle personal injury claim, serve a copy on the Motor Accidents Insurance Board within 7 days after filing (r 29).