NSW Filing out Statement of Claim

[honeysun]

Hi

Its regarding a Statement of Claim.

Under the “Type of Claim”, from the list available, the “Personal property damage” comes with a bracket “(not arising from negligence)”. Does this mean deliberate property damage ? If it is indeed from negligence does it mean this matter cannot be lodged in local court?

Also when filling in Defendant’s details, I don’t know the exact business name who caused the damage but I know the business holder. (the holder has many business and I don’t know exactly which one carried out the work). Since it’s the holder who is ultimately responsible for the business, can I put the details of the business holder as a Defendant in the statement of claim ?

Lastly, under “Relief Claimed: Solicitor fee”, If I am planning to hire a lawyer/solicitor at a later date and hence don’t know the amount yet, can I leave it blank and demand the amount when settling/negotiating or does it needs to be filled even if it has to be an estimated amount ? If I leave it blank and court judgement ends up favourable for me, can I request the amount then ?

Thank you

Warm regards

 

[Nighthelyn]

Dear honeysun,

If you need help, Lawaccess and tel: 1300888529 can help you, even if you may use a solicitor at a later date.

Answering your specific questions though:

1. Type of claim - you can leave it blank if you wish and the court will fill it in for you - this question is for court’s statistical purpose only and will not impact your case. https://ucprforms.nsw.gov.au/documents/guides/UCPR - Types of claim template - RETAIN.doc

2. Does local court filing include filing for allegation of negligence claim - yes local court has jurisdiction.

3. Defendant details - yes it is the business holder’s details, which may be a person, a company (ACN) a trustee, an authorised entity on behalf of a government entity etc. Business Name is not capable to be sued.

4. Include solicitor fee in damage claim - put it in, by all mean if the court deems it inappropriate they can order it to be reduced/removed. If a solicitor put it in incorrectly there could be cost penalty because solicitor is expected to get it right, but as a self-litigant you generally can get away with error (within reason). If you later use a solicitor, if what you did was really wrong the solicitor may by your instructions file an amended statement of claim.

Good luck!

-Nighthelyn

 

[honeysun]

Dear honeysun,

If you need help, Lawaccess and tel: 1300888529 can help you, even if you may use a solicitor at a later date.

Answering your specific questions though:

1. Type of claim - you can leave it blank if you wish and the court will fill it in for you - this question is for court’s statistical purpose only and will not impact your case. https://ucprforms.nsw.gov.au/documents/guides/UCPR - Types of claim template - RETAIN.doc

2. Does local court filing include filing for allegation of negligence claim - yes local court has jurisdiction.

3. Defendant details - yes it is the business holder’s details, which may be a person, a company (ACN) a trustee, an authorised entity on behalf of a government entity etc. Business Name is not capable to be sued.

4. Include solicitor fee in damage claim - put it in, by all mean if the court deems it inappropriate they can order it to be reduced/removed. If a solicitor put it in incorrectly there could be cost penalty because solicitor is expected to get it right, but as a self-litigant you generally can get away with error (within reason). If you later use a solicitor, if what you did was really wrong the solicitor may by your instructions file an amended statement of claim.

Good luck!

-Nighthelyn

Greatly appreciated 🙏🌷 thank you !

 

[honeysun]

Greatly appreciated 🙏🌷 thank you !

Dear honeysun,

If you need help, Lawaccess and tel: 1300888529 can help you, even if you may use a solicitor at a later date.

Answering your specific questions though:

1. Type of claim - you can leave it blank if you wish and the court will fill it in for you - this question is for court’s statistical purpose only and will not impact your case. https://ucprforms.nsw.gov.au/documents/guides/UCPR - Types of claim template - RETAIN.doc

2. Does local court filing include filing for allegation of negligence claim - yes local court has jurisdiction.

3. Defendant details - yes it is the business holder’s details, which may be a person, a company (ACN) a trustee, an authorised entity on behalf of a government entity etc. Business Name is not capable to be sued.

4. Include solicitor fee in damage claim - put it in, by all mean if the court deems it inappropriate they can order it to be reduced/removed. If a solicitor put it in incorrectly there could be cost penalty because solicitor is expected to get it right, but as a self-litigant you generally can get away with error (within reason). If you later use a solicitor, if what you did was really wrong the solicitor may by your instructions file an amended statement of claim.

Good luck!

-Nighthelyn

Dear honeysun,

If you need help, Lawaccess and tel: 1300888529 can help you, even if you may use a solicitor at a later date.

Answering your specific questions though:

1. Type of claim - you can leave it blank if you wish and the court will fill it in for you - this question is for court’s statistical purpose only and will not impact your case. https://ucprforms.nsw.gov.au/documents/guides/UCPR - Types of claim template - RETAIN.doc

2. Does local court filing include filing for allegation of negligence claim - yes local court has jurisdiction.

3. Defendant details - yes it is the business holder’s details, which may be a person, a company (ACN) a trustee, an authorised entity on behalf of a government entity etc. Business Name is not capable to be sued.

4. Include solicitor fee in damage claim - put it in, by all mean if the court deems it inappropriate they can order it to be reduced/removed. If a solicitor put it in incorrectly there could be cost penalty because solicitor is expected to get it right, but as a self-litigant you generally can get away with error (within reason). If you later use a solicitor, if what you did was really wrong the solicitor may by your instructions file an amended statement of claim.

Good luck!

-Nighthelyn