How you respond to a claim depends on a few factors:
This form sets out the basis of your claim, including your cause of action and all of the relevant facts. Both of these forms are available from the Queensland Courts Website.
This fact sheet will help you complete the statement of claim. It is the first document that the trial judge will read and the single most important document that you will have to draft throughout the court process.
If your statement of claim does not adequately set out a proper claim, or if parts are inadequate or do not comply with the rules, you might find that the statement of claim or parts of it are "struck out.
You should also consider how you will go about proving your case.
The most important part of these rules is rule 1. In advance, you need to know: For example, if you are suing for breach of a contract to purchase land you need to: If your claim is for liquidated damages, you should include the notice required under rule 3setting out the total amount of the claim including any interest, as well as the court filing fees incurred by you.
Liquidated damages are for a certain and known amount such as moneys owing under a debt. Unliquidated damages are damages requiring an assessment by the court such as in the example above where the court has to assess how much you should be compensated for your loss or injury. Putting it all together Your statement of claim should first describe the parties to the action, e.
If any party is a company or a body corporate it is important to plead that the company is incorporated. You then need to draft the facts of your case.
You should remember that the goal of your pleading is to tell the court and the defendant what you are alleging the defendant did or failed to do. Tell the story as it actually happened in the order it happened.
The best way to do this is to draft the statement of claim as a series of numbered short paragraphs, sometimes with sub-paragraphs, each containing a separate fact. Paul now wants to sue Deena to recover the money he lost because the purchase did not finalise.
Firstly, you need to describe the parties to the case and to establish that the court has jurisdiction. At all material times the plaintiff was a company duly incorporated according to law and capable of being sued in its own name.
Note that a clause of this type is crucial if your case involves a company. At all material times the defendant was a 34 year old women living at Green Street, Brisbane in the State of Queensland. This establishes that the Brisbane courts can hear the matter. Next, you should go through the relevant facts.
Lengthy background material; Attacks on the defendant or other persons; and Repetition. By contract of sale dated 27 Februarythe defendant agreed to sell the property to the plaintiff "the purchase contract". Note that in paragraph 4, by defining "the purchase contract", you create a short hand term to refer to this key document.
You must give sufficient "particulars" about your case. Because you are relying on a contract, you need to "specifically plead the material terms of the contract. The material terms of the purchase contract were: On 16 Marchthe plaintiff, by its solicitor Joseph Bloggs, wrote to the defendant and: On 30 March By facsimile letter sent at 5: Having gone through the facts, the next step is to set out the legal consequences of those facts.
As a result of the matters pleaded in paragraph 9, the defendant was in breach of the purchase contract. Next - set out the losses or damages that you wish to claim Pitfalls Be as brief as the nature of the case permits and avoid repetition This is very important. Sometimes, self represented litigants think that they have to include every little detail about what happened and will often repeat the same allegations to feel sure that the court understands their problem.The claim made against you is set out in the following pages.
IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for you must prepare a statement of defence in Form 1 8A prescribed by the Rules of Civil Procedure.
At a recent trial, I brought a motion to amend the client’s pleading day 1 in the unique situation of needing to update a claim to strictly comply with an Ontario Court of Appeal decision. Of course, the earlier you amend your pleading, the better. It is best to amend asap for 3 reasons: costs, credibility and limitation periods.
Your statement of claim contains your "pleadings", i.e. your written statement about what your claim is about and why you are entitled to damages. It is the first document that the trial judge will read and the single most important document that you will have to draft throughout the court process.
you are being sued in the small claims court by the plaintiff(s) shown above. the judge has not yet made any decision in this case, and you have the right to a trial to tell your side. DRAFTING BETTER PLEADINGS prepared by Teresa M.
Tomchak [email protected] INDEX If the statement of claim is to serve the ultimate purpose of pleadings, the material facts of each cause of action relied upon should be set out in the above manner.
As well, they should be stated succinctly and the particulars should follow and. If the statement of claim refers to specific documents, consider whether these documents should be obtained pursuant to a request to inspect documents (Form 30C and r. (2)). is being included against a defendant who is not already a party to the action and who is being served outside Ontario, see r.
for the requirements for such.