Complaint (Form 5A)

A civil proceeding in the Magistrates' Court of Victoria starts with the filing of a complaint at the proper venue of the Court (r 4.04 of the Magistrates' Court General Civil Procedure Rules 2020), and unless it is to be served outside Australia the complaint must be in Form 5A (r 5.02(1)). It must contain a statement of claim that complies with rule 13.01 (r 5.02(3)) and the party, address and email details required by rules 4.03 and 5.07. The front page also carries the notice to the defendant explaining the 21-day period to give a notice of defence. The court's website says it hears civil disputes up to $100,000.

When you need it

• You want to sue a person or business in the Magistrates' Court of Victoria for a debt, damages or other civil claim within the court's limit.
• You are a lawyer or agent starting a debt recovery or motor vehicle damage claim for a client.
• Not for a defendant outside Australia: a complaint to be served out of Australia must be in the form required by rule 7.02(1) (r 5.02(2)).
• Not for a fencing dispute or a federal jurisdiction (VCAT Part 3A) matter, which have their own forms on the court's website.

1. 1

   Fill in the heading

   Name the venue, the plaintiff and the defendant with their addresses. Leave the court number and date of filing for the registry. A complaint is valid once it bears the allocated court number and the date of filing (r 4.08.4(1)).

2. 2

   Give your addresses for service

   State the plaintiff's address for service (in Victoria if you sue in person), any lawyer's name and business address, any representative capacity, and an email address for service (rr 4.03, 5.07).

3. 3

   Complete the notice to the defendant

   Insert the court venue and address where the defendant must give notice of defence. If you claim a sum of money only, insert the claim amount and the costs; the costs figure is set by rule 5.09(3) and Appendix A of the Rules.

4. 4

   Write the statement of claim

   In consecutively numbered paragraphs set out the material facts (not the evidence), particulars, any Act provision relied on, the amount or other relief sought, and the place and date the claim arose (r 13.01).

5. 5

   Attach anything required

   For a motor vehicle accident claim that includes repair costs or total loss, attach an itemised repair quotation or an assessment of the loss (r 5.05).

6. 6

   Sign and date

   The plaintiff or the plaintiff's Australian lawyer signs. Delete the optional paragraphs marked with an asterisk that do not apply.

• File the complaint at the proper venue (r 4.04), either at the court office or electronically (r 4.04(2)). The court's guide says to file the original and two copies with the court closest to where the matter arose or the defendant's address; in person or by post.
• File an overarching obligations certification (Form 4A) and a proper basis certification (Form 4B) with it, as the court's guide explains.
• A filing fee applies, based on the amount claimed - check the current civil fees page. If accepted, the registry issues a coversheet with the court number and date of filing.
• Serve the complaint personally on each defendant together with 2 notices of defence in Form 8A (r 6.02). The ways to effect personal service, including registered post, are in rule 6.03. The person who served it completes an affidavit of service (Form 6A).
• The complaint is valid for service for one year after filing; the court can extend it (r 5.12).

• Do not split one claim into several complaints to fit under a limit (r 4.01(1)). You can abandon any amount over the court's limit by saying so in the statement of claim (r 4.01(2)).
• If the defendant pays the claim and the stated costs within the time for giving notice of defence and you accept it in full satisfaction, the proceeding ends (r 5.09(2)).
• Use the defendant's correct legal name. For a company, service rules in rule 6.04 and section 109X of the Corporations Act apply.