Form
3B (version 5)
UCPR
6.2
STATEMENT
OF CLAIM
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COURT DETAILS |
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Court
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#Division
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#List
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Registry
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Case number
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TITLE OF PROCEEDINGS |
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#Second plaintiff #Number of
plaintiffs (if more than two)
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[#name #number
Refer to Party Details at rear for full list of parties]
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[First] defendant
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[name]
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#Second defendant #Number of
defendants (if more than two)
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Refer to Party Details at rear for full list of parties]
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FILING DETAILS |
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Filed for
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Contact name and
telephone
Contact email
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[email address]
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TYPE OF CLAIM |
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[Select type of claim from the list provided in section 6 of the Guide to preparing documents, available on the UCPR website at http://www.lawlink.nsw.gov.au/lawlink/spu/ll_ucpr.nsf/pages/ucpr_form_info - 3 or at any NSW court registry]
[on separate page]
[Note: If the completed RELIEF CLAIMED will fit in the available space appearing after TYPE OF CLAIM on the first page of this form, you may delete the page break, include the RELIEF CLAIMED on the first page and start this page with PLEADINGS AND PARTICULARS.]
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RELIEF CLAIMED |
[If you are making a liquidated claim (ie claiming a specific amount of money), include the following information:]
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Amount of claim$Interest$Filing fees$Service fees$Solicitors fees$TOTAL$
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PLEADINGS AND PARTICULARS |
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SIGNATURE |
I acknowledge
that court fees may be payable during these proceedings. These fees
may include a hearing allocation fee.
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Signature
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Capacity
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Date of signature
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NOTICE TO DEFENDANT |
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If you do not file a defence within 28 days of being served with
this statement of claim:
- You will be in default in these proceedings.
- The court may enter judgment against you without any further notice to you.
The judgment may be
for the relief claimed in the statement of claim and for the
plaintiff’s costs of bringing these proceedings. The court may
provide third parties with details of any default judgment entered
against you.
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HOW TO
RESPOND
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Please read
this statement of claim very carefully. If you have any trouble
understanding it or
require assistance on how to respond to the claim you should get
legal advice as soon as possible.
You can get further information about
what you need to do to respond to the claim from:
- A legal practitioner.
- LawAccess NSW on 1300 888 529 or at www.lawaccess.nsw.gov.au.
- The court registry for limited procedural information.
You can respond in one of the following
ways:
1 If you intend to dispute the claim or part of the claim, by
filing a defence and/or making a cross-claim.
2 If money is claimed, and you
believe you owe the money claimed, by:
- Paying the plaintiff all of the money and interest claimed. If you file a notice of payment under UCPR 6.17 further proceedings against you will be stayed unless the court otherwise orders.
- Filing an acknowledgement of the claim.
- Applying to the court for further time to pay the claim.
3 If money is claimed, and you
believe you owe part of the money claimed, by:
- Paying the plaintiff that part of the money that is claimed.
- Filing a defence in relation to the part that you do not believe is owed.
Court forms are available on the UCPR
website at www.lawlink.nsw.gov.au/ucpr
or at any NSW court registry.
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REGISTRY ADDRESS
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Street address
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Postal address
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Telephone
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[on separate page]
[Do not include the affidavit verifying in Local Court proceedings. See Guide to preparing documents for other circumstances where affidavit not required.]
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#AFFIDAVIT VERIFYING |
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Name
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Address
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Occupation
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Date
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- #I am the [first] plaintiff.
#I am [give details of the capacity of the person making the affidavit and the facts that qualify the person to make the affidavit].
- I believe that the allegations of fact in the statement of claim are true.
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#SWORN #AFFIRMED at
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Signature of deponent
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Name of witness
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Address of witness
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Capacity of witness
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[#Justice of the peace #Solicitor #Barrister #Commissioner for affidavits #Notary public]
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And
as a witness, I certify
the following matters concerning the person who made this
affidavit (the deponent):
1 #I
saw the face of the deponent. [OR,
delete whichever option is inapplicable]
#I
did not see the face of the deponent because the deponent was
wearing a face covering, but I am satisfied that the deponent had
a special justification for not removing the covering.*
2 #I have known the deponent
for at least 12 months. [OR,
delete whichever option is inapplicable]
#I
have confirmed the deponent’s identity using the following
identification document:
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Identification document relied
on (may be original or certified copy)
†
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Signature of witness
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Note:
The deponent and witness must sign each page of the affidavit. See
UCPR 35.7B.
____________________________
[*
The only "special justification" for not removing a face
covering is a legitimate medical reason (at April 2012).]
[†"Identification
documents" include current driver licence, proof of age card,
Medicare card, credit card, Centrelink pension card, Veterans Affairs
entitlement card, student identity card, citizenship certificate,
birth certificate, passport or see Oaths Regulation 2011.]
[on separate page]
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#PARTY DETAILS |
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[Include only if more than two plaintiffs and/or more than two defendants.]
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PARTIES TO THE PROCEEDINGS
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Plaintiff[s]
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Defendant[s]
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[repeat as required for each additional plaintiff]
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[repeat as required for each additional defendant]
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FURTHER DETAILS ABOUT PLAINTIFF[S] |
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Name
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Address
[The filing party must give the party's address.] |
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#Frequent user identifier
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[include if the plaintiff is a registered frequent user]
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[repeat the above information as required for the second and each additional plaintiff]
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Contact details for plaintiff[s] acting in person or by
authorised officer
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#Name of authorised officer
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#Capacity to act for plaintiff[s]
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Address for
service
[The filing party must give an address for service This must be an address in NSW unless the exceptions listed in UCPR 4.5(3) apply. State “as above” if the filing party’s address for service is the same as the filing party’s address stated above.]
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#as above
#[unit/level number] #[building name]
[street number] [street name] [street type]
[suburb/city] [state/territory] [postcode] |
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Telephone
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#Fax
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Email
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[First]
defendant
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Name
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Address
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#[unit/level number]
#[building name]
[street number] [street name] [street type]
[suburb/city] [state/territory] [postcode]
#[country (if not Australia)] |
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[repeat the above information as required for the second and each additional defendant]
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