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Moving the case to another court within NSW

If the debt is a mortgage, loan or credit card you should get legal advice. You may have other options.  

Everything in a case will usually happen at the court where the Statement of Claim was filed. Sometimes a plaintiff will file the Statement of Claim in a local court that is far away from your home, in a different part of NSW. If this happens, you can ask the court to move the case to a court closer to your home. This is usually called an application to change the venue.

Alert Icon Your case may not be changed to another court if the other court is less than 100km from the court where the Statement of Claim was filed, unless there are exceptional circumstances. 

Step-by-step guide icon

Moving​​ ​​th​​e ca​se to a different court - Step by step Guide​

​Step 1: Get ​the forms

You need two forms:

  • Form 20 Notice of Motion
  • Form 40 Affidavit

You can get copies of forms from:

Step 2: Fill o​ut and sign Notice of Motion form

You can fill out the Notice of Motion and Affidavit form in neat handwriting in blue or black pen. You can also fill it out on your computer screen. The Guide to Completing Approved Forms has instructions on how to do this.

To fill in the Notice of Motion form you will need to have the following information ready:

  • the case number (you will find this on the stamped copy of the statement of claim served on you by the plaintiff)
  • the name and address of the Local Court closest to you.

In the Notice of Motion you can ask that the costs of the application be 'costs in the cause'. This means that costs will be decided at the end of the case.

For more information see Instructions for filling out a Notice of Motion - Change of Venue and Sample Notice of Motion - Change of Venue

Step 3: Fill ​​out and sign the Affidavit

The affidavit is meant to explain to the court why you want to change the location of the court case.

In the Affidavit you should include:

  • where you currently live
  • where you lived when the incident happened, work was done or contract was made
  • where the incident happened, work was done or contract was made
  • any special needs you have, such as a disability or carer's responsibilities
  • the distance between where you live and where the court is
  • your work commitments, or if you are unemployed, the costs of travel to court
  • other reasons why you want to change the location of the court case.

You should then swear or affirm your affidavit before an authorised witness such as a justice of the peace or solicitor or barrister.

For more information, see Instructions for filling out an Affidavit in support of a Notice of Motion - Change of Venue and Sample Affidavit in support of a Notice of Motion - Change of Venue.

For more information on signing Affidavits see Affidavits.

Alert Icon  In deciding whether to change the venue, the court will consider things like:

  • where the plaintiff and defendant live and/or have their business
  • where the debt arose, such as where an agreement was made, where a contract was signed, where work was done or where a car accident happened. 

Step 4: File th​e forms at court

You should take or send the Notice of Motion and supporting Affidavit along with your Defence to the Local Court where the Statement of Claim was filed.

Alert Icon  You must file the Notice of Motion and Affidavit when you file your Defence to the Statement of Claim.

You should file the original and two copies of the Notice of Motion, Affidavit and Defence. The original documents are kept by the court, and the court will return the stamped copies to you. There is no filing fee for any of the documents.

The court will send a copy of the Defence and Notice of Motion and Affidavit to the plaintiff. The plaintiff has 14 days, after a copy of your Notice of Motion and Affidavit has been sent to the plaintiff, to file an Affidavit if they disagree with the case being moved. The court where the Statement of Claim was filed, will decide if the case will stay at that court or move to a different court.

Hint icon  You should also keep stamped copies for your records.

For more information, see Moving the case to another court within NSW - Frequently Asked Questions.