Statement of Claim

A statement of claim is the plaintiff's first pleading in an action started by writ. Order 20 of the Rules of the Supreme Court 1971 (WA), applied in the District Court by rule 6 of the District Court Rules 2005, requires the plaintiff to serve it either with the writ or within 14 days after the defendant enters an appearance, unless it is indorsed on the writ or the Court orders otherwise (O 20 r 1). It must state the relief claimed and cannot raise a cause of action not mentioned in the writ or arising from the same facts (O 20 r 2). The Court publishes this Word template with the standard heading and party details.

When you need it

• You have issued a writ in the District Court with a short indorsement of claim and now need to set out the full claim.
• You prefer to serve the full claim with the writ. It can be indorsed on the writ instead, except in claims based on fraud or for defamation, malicious prosecution, false imprisonment, seduction or breach of promise of marriage (O 6 r 3).
• The claim is within the Court's civil jurisdiction: personal injury and death claims, and other personal actions up to $750,000 (excluding interest), according to the Court's website.

1. 1

   Complete the heading

   Insert the action number and year and the parties' names. State on its face the date the writ was issued (O 20 r 2(4)), and the description and filing date of the pleading (O 20 r 7(1)).

2. 2

   Fill in the party details

   Date of document, date of filing, who prepared it, and the plaintiff's address, phone, fax, email and reference for service (O 20 r 7(4)).

3. 3

   Plead the material facts

   Set out in numbered paragraphs, one allegation per paragraph where convenient, the material facts in summary form, not the evidence (O 20 rr 7(2), 8). Use figures for dates, sums and numbers (O 20 r 7(3)).

4. 4

   Give particulars

   Include the necessary particulars, such as particulars of any misrepresentation, fraud or breach of trust (O 20 r 13). Exemplary or aggravated damages must be specifically pleaded with the facts relied on (O 20 r 9(3)).

5. 5

   Claim interest properly

   If claiming interest, say which part of the claim it relates to and its basis. For statutory interest, identify the provision, the rate and the date it runs from (O 20 r 9(4)).

6. 6

   State the relief and sign

   Finish with the specific relief or remedy claimed; costs need not be claimed specifically (O 20 r 2(1)). Sign as counsel, solicitor or, if acting in person, the plaintiff (O 20 r 7(5)).

• File the statement of claim before serving it, and serve the copy within one working day after filing (O 20 r 3), unless it is indorsed on the writ.
• Serve it on each defendant with the writ or within 14 days after that defendant enters an appearance (O 20 r 1). After appearance, it can be served at the address for service in the defendant's memorandum of appearance.
• Lawyers must eLodge through the ECMS. Self-represented parties who are not registered users may email districtcourt@justice.wa.gov.au (preferred) or lodge at the registry (PNC 1.2.1).
• The defendant then has 14 days to serve a defence (O 20 r 4).

• Keep the claim within the writ. You can alter, modify or extend the indorsed claim in the statement of claim, but not add an unrelated cause of action (O 20 r 2(2)-(3)).
• A defendant can apply to strike out a pleading that discloses no reasonable cause of action or is embarrassing, generally within 21 days of service (O 20 r 19).
• In a damages claim, particulars of damage are generally due within 60 days of the first defence under DCR r 45C (PNC 1.3).