Legal Project Management Plan & Checklist
Purpose of this Guide: This step-by-step roadmap is designed for practitioners dealing with recovering liquidated debts in New South Wales. It's aimed at commercial litigation solicitors, this guide outlines the debt recovery process from demand through to default judgment. Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Jurisdiction: This applies to actions in the Local Court of New South Wales (Small Claims Division ≤ $20,000; General Division $20,001-$100,000). Claims over $100,000 must be filed in the District Court (up to $1,250,000) or Supreme Court (unlimited). Verify current guidelines on the official NSW Legislation Registry.
Governing Legislation: The primary rules to follow are Civil Procedure Act 2005 (NSW), , Limitation Act 1969 (NSW).
Key Rates and Fees: - Pre-judgment interest: 7.60% p.a. (s 100 CPA 2005, RBA cash rate + 4%, adjusted 1 Jan / 1 Jul), Post-judgment interest: 9.60% p.a. (s 101 CPA 2005, RBA cash rate + 6%), Small Claims filing fee: $172 (individual) / $344 (corporation), General Division filing fee: $355 (individual) / $710 (corporation), Notice of Motion: $109 / $218 Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Limitation Periods (Limitation Act 1969): Simple contract debts: 6 years from accrual. Debts under deed: 12 years. Mortgage: 12 years. Judgment enforcement: 12 years from date enforceable (s 17). Part-payment or written acknowledgment resets the clock. Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Key Case Law: Shreeve & Ors v Jourdan [2025] NSWSC 102 (cannot sue afresh on stale judgment debt to circumvent 12-year enforcement limit - abuse of process if attempting to bypass s 134 CPA 2005 leave requirements). Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Process at a Glance: The typical process involves conduct debtor asset/solvency searches (ASIC, property, bankruptcy). Issue formal Letter of Demand (14 days). Draft and file Statement of Claim (Form 3A) via NSW Online Registry. Serve personally or by post under UCPR Part 10. Monitor 28-day defence period. If no defence filed, apply for Default Judgment (Form 36). Enforce via Garnishee Order, Writ for Levy of Property, Examination Order, or Statutory Demand ($4,000 threshold for companies under Corporations Act s 459E).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Debt Recovery (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for COMMERCIAL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Issue a formal demand letter and verify debtor solvency and asset position.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Limitation periods under Limitation Act 1969 (NSW):
Part-payment or written acknowledgment resets the limitation clock.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Draft, file, and serve the UCPR Form 3A Statement of Claim.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Execute personal service on the debtor and obtain proof of service.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Pre-judgment interest: 7.60% p.a. under s 100 Civil Procedure Act 2005 (NSW) (RBA cash rate + 4%, adjusted 1 Jan and 1 Jul).
Post-judgment interest: 9.60% p.a. under s 101 Civil Procedure Act 2005 (NSW) (RBA cash rate + 6%).
Filing fees (2025-26 FY):
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Consider offering a without-prejudice Calderbank offer to establish costs entitlement if the matter proceeds to hearing under UCPR 2005 (NSW) and s 98 Civil Procedure Act 2005 (NSW).