How do I file an Amended Statement of Claim form?
A Statement of Claim may be amended once without permission of the Court, within 28 days after the original Statement of Claim was filed, but for any subsequent amendments, a Notice of Motion to Amend must be filed and granted before the amendment can take place. (For Local Court Small Claims Division Claims, permission to amend must be sought at Pre-Trial Review).
What you need to know
You will need to prepare the Amended Statement of Claim in accordance with the requirements of UCPR 19.5, especially noting the mode of amendment.
- Add ‘Amended’ to the title
- Mark up any changes to your matters according to the rules outlined in UCPR 19.5. This rule requires you to strike out any text included in the originally filed Statement of Claim that you now wish to omit and highlight any new text with underlining or italics.
- The updated Pleadings and Particulars section should include the date of the amendment; the date the Court made any order approving the amendment (if applicable); reference to any rule that authorises the amendment, and a brief indication of how you have marked up amendments.
How to file an amended form
- Login to the Online Registry
- Click the Search cases tab
- Search for the case you wish to file the amended form
- Click on the case name
- Click on the File form tab
- Select form Amended Statement of Claim
- Follow the prompts to upload a PDF version of the signed Amended Statement of Claim
- Click Submit
When approved, you will receive an email to confirm your submission.
You must arrange for this form to be served on the defendants in person. It cannot be posted by the registry.
A sealed ‘Coversheet’ will be returned to you. A copy of the coversheet needs to be photocopied and attached to each copy of the Amended Statement of Claim before it is served on the opposing party.
Your opponent also has the right to file an Amended Defence to the Amended Statement of Claim.