Statement of General Procedure Claim (Form 19)

Rule 7A of the Magistrates Court (Civil Proceedings) Rules 2005 (WA) requires a statement of claim in the approved form, which for a general procedure claim is Form 19. It must contain the material facts, any necessary particulars, the legal basis of the claim, the remedy or relief claimed and, if the claim was reduced to bring it within the jurisdictional limit, a statement saying so (r 7A(3)). It must not include evidence (r 7A(3A)). It may be lodged with the claim (r 7(3)); otherwise it is due within 14 days after the claimant receives a response indicating an intention to defend, or such other time as the registrar orders (r 7A(1)(a)). If the claimant does not comply, the registrar may give default judgment against the claimant (r 7A(4)).

When you need it

• You have lodged a general procedure claim (Form 3 or Form 7) and the defendant's response says it intends to defend.
• You choose to lodge and serve the statement of claim together with the original claim (r 7(3)).
• A registrar at a pre-trial conference orders you to lodge and serve a statement of claim (rr 40(2)(b) and 41A).
• For a counterclaim or third party claim use Form 19A or 19B, and for a minor case claim use Form 20 (Fact Sheet 5).

1. 1

   Complete the heading

   Enter the registry, case number, claimant and defendant exactly as on the claim. The form has three identical parts: court registry copy, claimant's copy and defendant's service copy.

2. 2

   Material facts relevant to the claim

   Set out the facts you must prove in numbered paragraphs, in date order, with specific details of when and where events happened rather than general allegations (Fact Sheet 5).

3. 3

   Particulars of the claim

   Give the details the defendant needs to understand the claim, such as dates, amounts and how a sum is calculated.

4. 4

   Legal basis of the claim

   State the area of law relied on, for example breach of contract (Fact Sheet 5).

5. 5

   Remedy or relief claimed

   State the amount or other remedy you seek, consistent with the claim as lodged, including any interest claimed.

6. 6

   Reduced claim statement

   If you reduced the amount to bring it within the court's jurisdictional limit of $75,000 (Act s 4), say so and give the reduced amount (r 7A(3)(e)).

7. 7

   Date, sign and give an address for service

   The claimant or lawyer dates and signs, and the lodged-by panel gives the address for service and contact details (r 102).

• Lodge through eLodgment on the eCourts Portal (r 98C; Fact Sheet 5). The form itself notes that it must be sealed by the court before it is served.
• Serve the sealed copy on each other party (r 100). If it is served with the original claim, it goes with the claim, which must be served personally (r 7(3) and (5)).
• The defendant must lodge and serve a statement of defence (Form 21), or a statement of defence and counterclaim, within 14 days after being served with the statement of claim, or such other time as the registrar orders (r 10(1)).
• Once served with the defence, the claimant must apply for the case to be listed for a pre-trial conference within 14 days (r 39(3)); the court's fact sheets say this is done with Form 28 and a fee applies. Check the current fee schedule.

• Do not attach or describe evidence. Rule 7A(3A) says a statement of claim is not to include evidence; the evidence comes later through disclosure and witness statements.
• Diarise the 14 days. Missing the deadline exposes the claimant to default judgment against it (r 7A(4)).
• Make the relief match the original claim. If you need to change your case, ask for leave to amend rather than quietly claiming something different.