Statement of claim - filing party legally represented3A http://www.ucprforms.lawlink.nsw.gov.au/ucprforms/index.html

Form 3A (version 5)

UCPR 6.2

STATEMENT OF CLAIM

COURT DETAILS
Court
#Division
#List
Registry
Case number
TITLE OF PROCEEDINGS
[First] plaintiff	[name]
#Second plaintiff #Number of plaintiffs (if more than two)	[#name #number Refer to Party Details at rear for full list of parties]
[First] defendant	[name]
#Second defendant #Number of defendants (if more than two)	[#name #number Refer to Party Details at rear for full list of parties]
FILING DETAILS
Filed for	[name] plaintiff[s]
Legal representative	[solicitor on record] [firm]
#Legal representative reference	[reference number]
Contact name and telephone Contact email	[name] [telephone] [email address]
TYPE OF CLAIM

[Select type of claim from the list provided in section 6 of the Guide to preparing documents, available on the UCPR website at www.lawlink.nsw.gov.au/ucpr 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.]

RELIEF CLAIMED

1.      
2.      

[If you are making a liquidated claim (ie claiming a specific amount of money), include the following information:]

Amount of claim	$
Interest	$
Filing fees	$
Service fees	$
Solicitors fees	$
TOTAL	$

PLEADINGS AND PARTICULARS

1.      
2.      

SIGNATURE OF LEGAL REPRESENTATIVE

#This statement of claim does not require a certificate under section 347 of the Legal Profession Act 2004.

#I certify under section 347 of the Legal Profession Act 2004 that there are reasonable grounds for believing on the basis of provable facts and a reasonably arguable view of the law that the claim for damages in these proceedings has reasonable prospects of success.

I have advised the plaintiff[s] that court fees may be payable during these proceedings. These fees may include a hearing allocation fee.

Signature
Capacity	[eg solicitor on record, contact solicitor]
Date of signature
NOTICE TO DEFENDANT

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.

HOW TO RESPOND

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.

REGISTRY ADDRESS
Street address
Postal address
Telephone

[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.]

#AFFIDAVIT VERIFYING
Name
Address
Occupation
Date

I [#say on oath #affirm]:

1. #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].

2. I believe that the allegations of fact in the statement of claim are true.

#SWORN #AFFIRMED at
Signature of deponent
Name of witness
Address of witness
Capacity of witness	[#Justice of the peace #Solicitor #Barrister #Commissioner for affidavits #Notary public]
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:
	Identification document relied on (may be original or certified copy) †
Signature of witness

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]

#PARTY DETAILS
[Include only if more than two plaintiffs and/or more than two defendants.]
PARTIES TO THE PROCEEDINGS
Plaintiff[s]	Defendant[s]
[name] [role of party eg first plaintiff]	[name] [role of party eg first defendant]
[repeat as required for each additional plaintiff]	[repeat as required for each additional defendant]

FURTHER DETAILS ABOUT PLAINTIFF[S]
[First] plaintiff
Name
Address [The filing party must give the party's address.]	#[unit/level number] #[building name] [street number] [street name] [street type] [suburb/city] [state/territory] [postcode] #[country (if not Australia)]
#Frequent user identifier	[include if the plaintiff is a registered frequent user]
[repeat the above information as required for the second and each additional plaintiff]
Legal representative for plaintiff[s]
Name	[name of solicitor on record]
Practising certificate number
Firm	[name of firm]
#Contact solicitor	[include name of contact solicitor if different to solicitor on record]
Address	#[unit/level number] #[building name] [street number] [street name] [street type] [suburb/city] [state/territory] [postcode]
DX address
Telephone
Fax
Email
Electronic service address	[#email address for electronic service eg service@emailaddress.com.au #Not applicable]
DETAILS ABOUT DEFENDANT[S]
[First] defendant
Name
Address	#[unit/level number] #[building name] [street number] [street name] [street type] [suburb/city] [state/territory] [postcode] #[country (if not Australia)]
[repeat the above information as required for the second and each additional defendant]