Court Procedures Rules 2006

An originating claim must state briefly and specifically the nature of the claim made and relief sought.

See approved form 2.1 (Originating claim) AF2026-13.

A statement of claim must be filed with the originating claim.

See

Rule 52 sets out requirements for the statement of claim for a motor vehicle death or personal injury claim and r 53 sets out requirements for a statement of claim for an employment death or personal injury claim.

A statement of claim is a pleading (see dict, def pleading) and therefore must comply with pt 2.6 (Pleadings).

An originating claim filed in the Magistrates Court, or the accompanying statement of claim, must show that the court has jurisdiction to decide the claim.

The Magistrates Court Act 1930, pt 4.2 (Civil jurisdiction) deals with the civil jurisdiction of the Magistrates Court under that Act.

An originating claim must state—

whether the plaintiff is represented by a solicitor; and

if the plaintiff is represented by a solicitor—the name of the solicitor; and

the plaintiff’s address for service; and

if the plaintiff is suing in a representative capacity—the representative capacity in which the plaintiff is suing; and

if a defendant is being sued in a representative capacity—the representative capacity in which the defendant is being sued.

Address for service is defined in the dictionary.

An originating claim must state specifically any claim for—

exemplary damages or aggravated damages; and

interest up to the day of judgment.

An originating claim need not specifically claim costs unless the claim is for a debt or liquidated demand.

Liquidated demand is defined in the dictionary.

If the relief sought requires the court’s decision or direction on any question, the originating claim must state the question.