This website provides
Instructions for filling out a Statement of Claim, as well as
Sample Statement of Claim 1 and
Sample Statement of Claim 2.
If in the claim is about a car accident, this website also provides
Instructions for filling out a Statement of Claim - car accidents,
Sample Statement of Claim 1 - car accidents and
Sample Statement of Claim 2 - car accidents.
Local Court staff can also provide information on Local Court forms and procedures. However, they cannot give legal advice or tell you whether you should start a case, or whether you have a strong case.
Most full-time Local Court registries have a registrar or deputy registrar who can provide information, assistance and guidance to members of the public on Local Court procedures. This is the chamber service. You should contact the court registry to find out if this service is available and whether it can help you with your form.
Local Court staff may be able to help you prepare a Statement of Claim if your case is a simple one. You may need to get
legal advice for complex cases or if you don't know what to write in your form.
Local Courts throughout NSW.
You can apply to have the filing fee waived or postponed. You must complete an application form and attach copies of documents that support your application, such as Centrelink letters, payslips, bank statements, tax returns and evidence of debts you owe.
You should take or mail the application form and attachments to the Local Court when you file your Statement of Claim. You can download the Application to Postpone, Waive or Remit Fees on the
Local Court website.
If the court waives the filing and service fees, you don't have to pay it.
If the court postpones the filing and service fees, you don't have to pay it until the case is finished. If you lose the case and still can't afford to pay the postponed fee, you can make another application to waive the fee.
If you don't ask the court to serve the Statement of Claim and cannot afford to have the document served by a process server, you can serve it on the defendant yourself or ask a friend or relative to do this for you.
If a business has closed, you can still make a claim against the person, partnership or company that ran the business. See
Finding and naming the right defendant for more information on locating the name and address of business owners.
However, the fact that a business has closed could be a sign that the business owners may not have enough money to pay the debt. You could also have difficulties serving the Statement of Claim as it must be served on a person who works for the business or it must be posted to an address where the business operates. For more information, see
Serving the Statement of Claim - Frequently Asked Questions.
You should get
legal advice if the defendant business has closed.
If the debtor is bankrupt (bankruptcy usually lasts for three years) you cannot start a legal case against the debtor about a debt that was owed before the debtor became bankrupt You may be able to get some payment from the bankrupt estate. If there are no funds in the estate, the debtor's debt will be cleared and you will not be able to recover your money.
If you suspect that a debtor is bankrupt, you can use the Bankruptcy Register Search on the Australian Financial Security Register Authority website. There is a fee to do this.
For more information about bankruptcy and searching the Bankruptcy Register, go to the
Australian Financial Security Authority website.
If the debt you are trying to recover from the debtor arose after the date the debtor became bankrupt, you may be able to start a case. However, the debtor may not have any money or assets to pay the debt. You should get
You can check whether a company is in administration, liquidation or receivership (like bankruptcy for an individual) by doing a free company search on the
Australian Securities and Investment Commission website and looking at the result next to the 'Status' heading.
If a company is in receivership, you can still make a claim against it in the Local Court. However, if the company is in administration or liquidation, you can't start or continue a court claim against the company unless you get permission from the Supreme Court. This is a costly process and you should get
legal advice. However, you can lodge a form called a Proof of Debt with the administrator or liquidator.
The Insolvency section of
the Australian Securities and Investment Commission website can provide you with more information.
The defendant may need the information to work out if they owe the debt or to help them file a Defence. If you don't respond, the defendant may ask the court to order you to provide the information. This will delay the court case.
If you think the defendant is asking for information that is unreasonable or irrelevant, you should get
Sample response to letter asking for further and better particulars.
If you don't know how to respond to the request get
No, people representing themselves cannot file any Local Court documents by email. Lawyers can register with the court to file documents electronically.