How to file a Statement of Claim
This demonstration will briefly show you around the online form for a Statement of Claim which can be filed online.
The types of claims commonly include:
- Damages for a car or motor vehicle accident
- Unpaid loan or rent money
- Unpaid work or services
- Breach of contract
- Personal injury
- Defamation of character
Video transcript for Statement of Claim
This NSW Online Registry video will step you through the process for filing a Statement of Claim form, including steps to:
- Access the form
- Complete the form online
- Filling out the pleading details
- Serving the statement of claim
You can click on any dot point on screen now to skip ahead to that section of the video.
[NSW Online Registry home page displays]
From the home page of the Online Registry website, click Login
If you haven’t already registered, click the register button to set up your online account. You must be registered before you can file forms online.
Enter your username and password, then click Login
The Search case list screen displays.
To start a new case with the courts, you will need to file a form, such as the Statement of Claim. To access this form, click Start a new case.
The forms to start a new case are located on the right of the screen.
Select the Statement of Claim form to begin.
A Statement of Claim (UCPR form 3A/3B) is used to start a civil court case when you’re seeking payment from another party.
[Help icon is clicked]
Help is provided throughout this form and can be viewed by clicking the blue help icons.
To make a claim, you will need to indicate what 'relief' you wish to claim, which is the outcome you desire.
If you require additional legal support, please contact LawAccess NSW or see information about Statements of Claim on the Law Assist website.
Start by selecting the type of relief claim you wish to make. Additional information on the types of relief you can claim can be found in the help content
[User selects help icon to expand information]
In this example, we’ll be making a motor vehicle damages – liquidated claim
[Relief claimed drop down box is clicked, and the option of Motor Vehicle damages – liquidated is selected]
Depending on the type of relief being claimed, different fields will display. Enter the total amount of the claim
[An amount of $6905.50 is entered]
[Registry location drop down box is clicked, and the option of Sydney is selected]
For this claim, the list type will automatically be determined as the smalls claims division for motor vehicles.
Select the type of claim.
[The Type of Claim drop down box is clicked]
The type of claim you select is a brief description of the main legal issue you are asking the Court to determine. The types of claim available in this form vary depending on the Court and list type you have selected.
[And the option of Torts – Negligence – Motor Vehicle Accident is selected]
If required, there’s additional information on things you may need to know to file this form.
There are 2 options to file this form online; you can upload a completed version of the form, or fill out the form online. If you do not already have a completed PDF version of your Statement of Claim, select the option to fill out the answers online.
[The radio button for Fill out the answers online is selected]
Click Next to continue.
[The Next button is clicked. The Plaintiff screen displays]
Enter the details for the plaintiff. The plaintiff is the person who is making the claim, and in this example, is our self.
As this information is transferred directly to the court, you must make sure the details entered here are accurate.
[A sample email is entered. A sample NSW street address is entered]
The most common street types are located at the top of this list.
If you require support services, click Yes here.
[A pop up screen with a list of support services displays]
Support services include physical, cognitive, psychiatric or other disabilities. Select any services required from this list, however you should be aware that not all services are available at all court locations.
[The radio button next to No support services is selected]
You can add additional plaintiffs by clicking here [Add another Plaintiff button is highlighted], then entering their details.
Click Next to continue.
[The Next button is clicked. The Defendants screen displays]
Enter the details for the defendant. The defendant is the person, organisation or company which is the subject of this legal action.
If the defendant is a business or organisation, select organisation here; you will then need to enter either their Australian Business Number (ABN) or Australian Company Number (ACN).
For this example, we’ll select an individual.
[A given name and surname of the defendant is entered. A sample NSW street address is entered. The service method drop down box is clicked]
This form needs to be formally served upon (given to) the defendant. Select 'Posted by the registry' if you want the court to post the Statement of Claim to the defendant. Please note: there is a fee associated with this option.
Select 'Served by plaintiff' to make your own arrangements for the Statement of Claim to be served. Please note: there are rules for serving the Statement of Claim yourself, refer to Law Access for more information on these rules.
[The service method of Served by plaintiff is selected from the Service method drop down box]
You can add additional defendants by clicking here [Add another defendant button is highlighted], then entering their details.
Click Next to continue.
[The Next button is clicked. The Claim details screen displays]
The Claim details screen displays the amount of the claim which you entered previously. It also allows you to enter interest on the claim amount, and any service fees incurred if you ask a process server to formally serve the Statement of Claim to the defendant.
Please note that interest cannot be claimed on amounts under $1000. For information and rules around claiming interest, visit the Law Assist website.
[www.lawassist.lawaccess.nsw.gov.au]
[The help icon beside the Pleading details section is clicked]
Next, you need to enter the Pleading details.
A pleading sets out the facts you are relying upon for this claim. It should be concise, but must contain enough information for the defendant to understand the claim.
If the pleading is over 2000 characters, you should include it as a PDF attachment when prompted later in this form. If it’s less than 2000 characters, select 'No' and then type the pleading details into the field on this screen.
Whether you attach your pleading details or type it on this screen, it will need to be set out in numbered paragraphs; refer to the Law Assist website if you need more information.
[www.lawassist.lawaccess.nsw.gov.au]
[The radio button beside No is selected in response to the question; Do you wish to include pleading details as an attached PDF file (maximum file size 5mb). The Pleading details free text box displays.]
[A sample pleading is entered into the free text field]
Click next to continue.
Your form is now awaiting payment. Please note that your form has not been submitted to the court until that payment is made.
Before submitting your form, you can preview the draft version by clicking the preview icon.
If you need to make any changes you can do this by selecting the edit icon here.
To complete the payment and submit the form, select the form, then click Next. This will step you through our secure credit card payment facility.
Once your payment has been received, it should only take a few minutes for the court to formally approve your submission (although in some instances it may take up to 10 minutes).
When approved, you will receive an email to confirm your submission.
[A sample confirmation email displays]
This email will contain the court approved Statement of Claim, which is a PDF document enclosed in a zip file, and a tax invoice for your payment.
The court approved Statement of Claim will also be available online via the Online Registry website
[Sample court approved Statement of Claim displays onscreen]
The approved court form will contain the court seal and a barcode, and will also contain the pleading details
The Statement of Claim is valid, and able to be served, for 6 months after the date it was filed at court
If you opted to serve the Statement of Claim yourself, you must print the court approved form and serve it on the defendant(s)
You must wait 28 days from the date of service before any further action can be taken; however you can track the progress of your claim online, for example a defence may be filed on your claim
If you need additional legal support, or information on serving the defendant with the Statement of Claim according to the court rules, you should contact Law Access NSW [1300 888 529].
Thank you for watching. To access the Online Registry, go to onlineregistry.lawlink.nsw.gov.au
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