Form and content
7.02 Form and content
A statement of claim is to be:
subject to paragraph (b), in accordance with Form 7A; or
(b) in accordance with Form 7B if the claim arises from a motor vehicle collision.
A statement of claim is to:
(a) state the full name of the plaintiff and an address for service of documents on the plaintiff; and
(b) if the plaintiff sues in a representative capacity – state the capacity in which the plaintiff sues; and
state the name and address of the defendant; and
if the plaintiff sues by a law practice:
(i) state the name, the business address in Australia and the telephone, facsimile and reference numbers of the law practice; and
(ii) if the law practice is the agent of another law practice (the principal law practice) – state the name, business address, telephone, facsimile and reference numbers of the principal law practice; and
contain:
a concise statement of the nature of the plaintiff's claim; and
particulars of the claim; and
a statement of the relief or remedy sought; and
(iv) in the case of a claim for a liquidated amount – a precise statement of the amount and the basis on which it is calculated; and
(v) in the case of a claim for an unliquidated amount – the basis on which it is estimated; and
(f) if the claim arises from a motor vehicle collision – have attached to it at least one itemised quotation of the damages or loss assessor's report.
(3) A statement of claim may, in addition to stating a business address for a law practice, also state the postal address of the law practice.
(4) Where a plaintiff claims damages for bodily injury, in addition to the matters specified in subrule (2), the statement of claim is to contain:
(a) particulars, with dates and amounts, of all earnings lost in consequence of the injury;
(b) particulars of loss of earning capacity (if any) resulting from the injury;
the date of the plaintiff's birth; and
(d) the name and address of each of the plaintiff's employers during the period commencing on the day 12 months before the party sustained the injury, the time of commencement and duration of each employment and the total net amount after deduction of income tax that was earned in each employment.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.