Statement of claim drafting workflow
A statement of claim has to plead every material fact required to make out each cause of action. Get the structure right and the rest of the litigation is easier; get it wrong and you risk strike-out or amendments that damage your costs position.
This is an 8-step workflow for drafting a statement of claim in Australian civil proceedings — from cause of action analysis through to filing a pleading that complies with the relevant court rules.
Before you start
- Client instructions and witness interviews complete
- Key documents gathered and chronologically ordered
- Limitation dates checked
- Correct court and division identified
The workflow
Identify causes of action
Identify every cause of action — contract, tort, statute, equity — that is reasonably available on the facts. Map the elements of each.
Check limitation periods
Check limitation dates for each cause of action under the relevant state Limitation Act and any statutory extensions.
Plead the parties
Draft the parties paragraphs — full legal names, ACN/ABN, capacity, and any agency or trustee relationships.
Plead the material facts
Plead material facts chronologically — the relationship, the events giving rise to each cause of action, and the conduct complained of. Avoid pleading evidence or law.
Plead each cause of action
Plead each cause of action separately with its elements mapped to the material facts. Include particulars where rules require.
Plead loss and damage
Plead the loss and damage suffered with sufficient particulars to put the defendant on notice. Include interest and costs claims.
Draft the relief sought
Draft the prayer for relief — damages, declarations, injunctions, interest, and costs — specific to each cause of action.
Verify and file
Verify the statement of claim where required, finalise the originating process, and file through the relevant online court portal with the filing fee.
What you will have at the end
A filed statement of claim that pleads every element of each cause of action with sufficient particulars to withstand a strike-out application.
Common issues
- Pleading evidence or argument rather than material facts
- Limitation period running out before filing
- Party names that do not match ASIC records
- Particulars requested by defendant that should have been in the original pleading
- Claims for relief that the court has no jurisdiction to grant
Run this workflow on a real matter
Quillio drafts statements of claim from your instructions, maps material facts to elements, and flags limitation risks. See /practice-areas/litigation-lawyers or /free-trial.
General guide only — not legal advice. Pleading rules differ between courts and states; confirm the applicable rules before filing.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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