Draft And File A Statement Of Claim In Queensland

Article Summary

To draft and file a statement of claim in Queensland, first identify the correct court, parties and cause of action. Break the cause of action into its legal elements, then plead the material facts supporting each element in short, numbered paragraphs—without pleading the documents, witness testimony or submissions by which those facts will be proved.

State matters liable to cause surprise, identify any statutory provision relied on, particularise breach, loss, damage and interest where applicable, and claim the precise orders or other relief sought. Use Form 16 for the statement of claim and attach it to the approved Form 2 claim.

Sign and file the documents, pay the filing fee, obtain sealed copies, and serve the sealed claim and attachment on every defendant in accordance with the UCPR. A claim ordinarily remains in force for service for one year from filing.