Statement Of Claim Form Template for Australia

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Key Requirements PROMPT example:

Statement Of Claim Form

"I need to draft a Statement of Claim Form for an Australian Federal Court proceeding against ABC Technologies Ltd for breach of a software development contract, seeking damages of AUD 2.5 million plus interest for failure to deliver the agreed system by January 2025."

Document background
The Statement of Claim Form is a crucial legal document used to commence civil proceedings in Australian courts. It must be prepared in accordance with the Federal Court Rules 2011 or relevant state/territory civil procedure rules, depending on the jurisdiction. This document is used when a party (the plaintiff) seeks to pursue a legal claim against another party (the defendant) and must be filed with the appropriate court registry. The form requires detailed information about the parties involved, the legal basis for the claim, material facts supporting the claim, and the specific orders or remedies sought. It serves as the founding document of the litigation and must be properly served on the defendant(s). The content and format must comply with strict court requirements, and the document may need to be accompanied by supporting schedules and certificates.
Suggested Sections

1. Court Details: Identification of the court and division where the claim is filed

2. Title of Proceedings: Names and designation of parties (Plaintiff vs Defendant)

3. Parties Details: Full names, addresses, and contact details of all parties involved

4. Jurisdiction: Statement establishing the court's jurisdiction to hear the matter

5. Cause of Action: Legal basis for the claim and material facts supporting each element

6. Material Facts: Chronological presentation of relevant facts supporting the claim

7. Relief Sought: Specific orders or remedies the plaintiff seeks from the court

8. Signing and Dating: Signature block for the plaintiff or their legal representative

Optional Sections

1. Interest Claim: Details of any interest claimed on monetary amounts, used when seeking interest on damages

2. Limitation Period: Statement addressing relevant limitation periods, used when there might be limitation period issues

3. Service Details: Special requirements for service, used when dealing with international parties or special service circumstances

4. Legal Costs: Statement regarding legal costs being sought, used when claiming legal costs

5. Alternative Claims: Alternative bases for the claim, used when multiple causes of action are available

Suggested Schedules

1. Schedule of Damages: Detailed breakdown of monetary claims and calculations

2. Schedule of Properties: List and details of properties involved in the claim, if relevant

3. Schedule of Documents: List of key documents relied upon in the claim

4. Chronology: Detailed timeline of events relevant to the claim

5. Certificate of Service: Details of how and when the claim was served on the defendant

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Teams

Legal

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Claims Manager

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