VIC Amending a statement of claim

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Tati

Member
28 January 2020
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I am a self-represented plaintiff, the defendant's solicitor asked me to amend parts of the statement of claim as they were "unintelligible" and so I did. Court said I have to get his consent, although I already had it written from him. He did not provide consent, so I have asked for relief to amend and asked for costs. He is now saying he never received the amended complaint. Civil registry told me until it has seal of court, I cannot serve it on him and must get his consent or court's permission first. My question is, why is he saying he did not have an amended complaint and that is why he did not provide consent? Surely, I don't need the other side's approval first, that is why they put in a defence, right?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Which court, and what type of proceeding?

Yes, service cannot be affected until the document has the seal of the court. You may need to seek leave of the court to amend the statement of claim.

Amending a statement of claim may leave you open to a 'wasted costs' order.

Suggest you get some advice before undertaking the next step. We can read through the statement of claim and advise what, if anything, needs changing.