Document background
The Preliminary Notice of Claim is a crucial document in Australian legal proceedings that must be served before formal legal action can commence in many cases. This document is particularly important under various Australian state legislations, including the Building and Construction Industry Security of Payment Act and Civil Procedure Act. When drafting a Preliminary Notice of Claim, careful attention must be paid to statutory requirements, timeframes, and the inclusion of specific information about the claim's nature, basis, and quantum. The notice serves multiple purposes: it alerts the respondent to the potential claim, provides an opportunity for early resolution, and ensures compliance with pre-litigation procedures. It's commonly used in construction disputes, personal injury cases, commercial claims, and various other civil matters where formal notification of an intended claim is required by law or good practice.
