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You may be able to file an amended statement of claim only if:
If it has been more than 28 days since you filed the original statement of claim, or the matter has a trial date fixed, you should get legal advice.
If you are unsure whether to file an amended statement of claim, get legal advice.
You need one form:
You can fill out your form:
If you want to remove any defendants, you need to get the consent of that party to remove them from the proceedings.
Instructions: Instructions for filling out an amended statement of claim-debt
Sample: Sample amended statement of claim-debt
The next step is to file the form at your nearest Local Court.You can file the form:
by taking it to the court, or
If you are filing the form in person or via post, you will need to file the original amended statement of claim plus one copy. The court will keep the original and will give you back the stamped copy. You will then need to make one copy for each of the defendants and a copy for yourself.
If you are nearly out of time to file an amended statement of claim in time, it is a good idea to file your amended statement of claim in person or online to avoid the possibility of your form getting lost in the post.
There is no filing fee to file an amended statement of claim.
The court will 'seal' the form
The court staff will stamp, date and put a file number on the amended statement of claim form and the copy. A document with a court stamp is called a 'sealed copy'.
The court will keep the original and return the sealed copy to you.
Once you have filed the amended statement of claim, it needs to be served on all the defendants. 'Serving' the amended statement of claim form means giving or sending a sealed copy of the form to the defendant.
The same rules of service apply to serving an amended statement of claim properly, as with serving the original statement of claim.
For more information, see Serving the statement of claim- Step by step guide.
The defendant's response
After you have served the defendant/s with the amended statement of claim, the defendant may either:
If you have filed your amended statement of claim within 28 days of filing your claim, then the defendant has a certain time to respond to the amended claim:
if the defendant had already filed a defence (before getting the amended claim), the defendant can file an amended defence within 14 days of being served with the amended statement of claim
if the defendant has not filed a defence before getting the amended claim, then they have 28 days from the date they were served to respond to the amended statement of claim.
If the defendant has filed a defence or an amended defence, the court will send you a copy of the defence and a notice of when to go to court.
If the defendant has not filed a defence within 28 days and you have not received anything from the court or heard from the defendant, you may apply to the court for an order giving you judgment. This is called 'default judgment'.
For more information, see Default judgment.
If the court gave you permission to amend your statement of claim, and permission for the defendant to file their amended defence, then the defendant needs to file their amended defence by the date the court has given. If these dates have not been complied with, you should get legal advice.