Guides · Local Court civil claims
The statement of claim: how to start a civil case in NSW.
Every civil case in the NSW Local Court starts with one document: the statement of claim. It is the piece of paper that tells the court and the other side what you say happened, what you say you are owed, and why. Get it right and the case runs. Get it wrong and it can be struck out before it starts. This guide sets out what a statement of claim is, what it must contain, how to file and serve it, and the mistakes that cause claims to fail at the door.
By Aaron Kernaghan · Published 30 August 2026
What is a statement of claim?
A statement of claim is the originating document for a civil action. It names the plaintiff, the person bringing the claim, and the defendant, the person being sued. It sets out the facts the plaintiff relies on, the legal basis for the claim, and what the plaintiff wants, usually a sum of money plus interest and costs. It is filed with the court and served on the defendant, and it fixes what the case is about.
This is general information, not advice on your matter. A poorly drafted statement of claim can sink an otherwise good case, and a well drafted one can force an early settlement. If the claim is worth real money, or the facts are complicated, it is worth having the document checked before it is filed.
What must a statement of claim contain?
The document has to plead the material facts, which means the facts that make up the claim, in a numbered and ordered way. For a debt, that is the agreement, what each side promised, what the defendant failed to do, and the amount owed. It does not plead the evidence, only the facts. It then states the relief sought, which is what you are asking the court to order, and it is signed and dated. The Uniform Civil Procedure Rules set the form.
Clarity matters more than legal language. A magistrate reading the claim should understand, from the document alone, what the dispute is and why the defendant owes the money. Vague claims that do not disclose a proper cause of action can be struck out. So can claims that plead argument and emotion instead of facts. Keep it to who, what was agreed, what went wrong, and how much.
How do you work out how much to claim?
Claim the actual amount you are owed, plus any interest the contract or the law allows, plus your filing and service costs. For a debt, the principal is the unpaid sum. Interest can run up to the date of judgment at the rate set by the court's practice note, unless the contract fixes a different rate. Do not inflate the claim to punish the other side, because the court awards what is proved, not what is demanded.
The figure you claim also decides which court and which division you are in. Up to twenty thousand dollars is the Small Claims Division. Twenty thousand to one hundred thousand is the General Division of the Local Court. Above that, the District Court. Choosing the right level at the start avoids a transfer later. Our guide on the Small Claims Division explains the lower stream.
How do you file and serve a statement of claim?
You file the statement of claim with the Local Court, either online through the NSW Online Registry or in person, and pay the filing fee. The court seals the document, which makes it an official court document. You then have to serve the sealed copy on the defendant. Service is how the defendant is formally told they are being sued, and it starts their time to respond running.
For an individual, service is usually personal, which means handing the document to the person or leaving it with them. For a company, it can be served at the registered office. Getting service right is not a formality. If service is defective, the defendant can later have any judgment set aside on the ground that they were never properly told about the case. If in doubt, use the sheriff or a process server who can prove service by affidavit.
What happens after the statement of claim is served?
The clock starts. The defendant has twenty-eight days from service to file a defence. If they do nothing, the plaintiff can apply for default judgment. If they file a defence, the case moves to a pre-trial review or directions, where the court sets a timetable for evidence and lists the matter for hearing. A defendant who has a claim of their own against the plaintiff can also file a cross-claim.
The statement of claim can be amended if something was left out or got wrong, though there are rules about when leave of the court is needed. It is better to get it right at the start. An amendment can delay the case and, if it comes late, can attract a costs order against the party who made the mistake.
What are the common mistakes?
The frequent errors are suing the wrong entity, especially confusing a person with the company they run or a trading name with the legal name behind it; pleading conclusions instead of facts; claiming a figure that cannot be proved; and failing to prove service. Each of these can be fatal or expensive. Suing the wrong entity in particular can mean a judgment you cannot enforce, because the party named does not own anything.
Confirm the exact legal name of the defendant before you file. For a company, that is its registered name and number, which you can check on the companies register. For a person trading under a business name, find the individual behind the name. A statement of claim against the correct entity, pleading the facts clearly and claiming a provable sum, does most of the work of the case.
Primary sources: the form and content of a statement of claim, filing, and service are governed by the Uniform Civil Procedure Rules 2005 (NSW) and the Civil Procedure Act 2005 (NSW). Filing is through the NSW Online Registry. NSW civil judgments are searchable on JADE.
Common questions
What is a statement of claim in NSW?
It is the document that starts a civil case in the Local or District Court. It names the plaintiff and defendant, sets out the facts relied on and the legal basis for the claim, and states what the plaintiff wants, usually a sum of money plus interest and costs. It is filed with the court and served on the defendant.
What must a statement of claim include?
The material facts of the claim, pleaded clearly and in order, the legal basis, and the relief sought. For a debt, that means the agreement, what was promised, what the defendant failed to do, and the amount owed. It pleads facts, not evidence or argument, and it must be signed and dated in the form set by the court rules.
How do you serve a statement of claim in NSW?
You file it with the court, which seals it, and then serve the sealed copy on the defendant. For an individual that is usually personal service; for a company it can be served at the registered office. Proper service matters, because a defendant who was not properly served can later have a judgment set aside.
How long does a defendant have to respond?
Twenty-eight days from service to file a defence. If they do nothing in that time, the plaintiff can apply for default judgment. If they file a defence or a cross-claim, the case moves to a directions or pre-trial stage and then to hearing.
What happens if you sue the wrong person or company?
You may end up with a judgment you cannot enforce, because the named party does not own the debt or has no assets. Confirm the exact legal name and, for a company, the registered name and number before you file. Fixing the name later can require the court's leave and can attract a costs order.
To speak to a litigation lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, Special Counsel at Good Legal Lawyers, as at 30 August 2026. It is general information and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. The law changes and procedure varies from case to case. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More commentary by Aaron Kernaghan.