Statement of claim review
A statement of claim has to plead every element of every cause of action. This checklist walks through the standard review steps.
This is a 12-step review checklist for a NSW statement of claim. It covers format, parties, cause of action, material facts, particulars, relief and verification.
The checklist
Check the court format
Confirm the document complies with the UCPR approved form, heading, font and margins.
Check the parties
Correct legal names and capacity. Joint plaintiffs, trustees and personal representatives must be pleaded correctly.
Check jurisdiction and venue
Confirm the court has jurisdiction and the venue is appropriate for the parties and the relief.
Check each cause of action
Each cause of action must plead every element — no element missed, no element assumed.
Check the material facts
Plead material facts not evidence. Strip any argument or submissions.
Check particulars
Particulars of damage, fraud, breach and misrepresentation. Sufficient to let the defendant plead.
Check limitation periods
Check all limitation periods for every cause of action pleaded.
Check the relief sought
Each head of relief must flow from the pleaded facts. Damages, interest, injunctions and costs.
Check any statutory elements
Statutory causes of action require specific pleading of each element — e.g. ACL misleading or deceptive conduct.
Check interest claim
Plead interest under s 100 Civil Procedure Act and any contractual interest.
Verify the statement
Ensure the statement is verified by affidavit of the party or solicitor where required.
Proof read for clarity
Proof the whole document for typographical errors, clarity and consistency of numbering.
When this checklist applies
Use this checklist before filing any statement of claim in the NSW courts. Each element must be pleaded or the defendant can strike it out.
Common pitfalls
- Missing an element of a cause of action
- Pleading evidence instead of material facts
- Insufficient particulars of damage
- Limitation period missed
- Failing to verify when required
Run this checklist on a real matter
Quillio reviews statements of claim against the UCPR and common law elements, in current NSW format. See /practice-areas/litigation-lawyers.
This checklist is a general guide. Adapt for Federal Court, specialist lists and statutory causes of action.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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