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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.
Your case cannot be moved 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.
You need two forms:
Form 40 Affidavit.
You can get copies of forms from:
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.
To fill in the notice of motion form you will need to have the following information ready:
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.
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:
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 on signing affidavits, see Affidavits.
In deciding whether to change the venue, the court will consider things like:
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.
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.
You should also keep stamped copies for your records.