In the case of Petreski v The Ors Group Pty Ltd [2019]
NSWDC 417 (Petreski), the defendant succeeded in having
the plaintiff's statement of claim struck out as it was
materially different to the pre-filing statement.
Sections 315 and 318 of the 1998 Act prescribes the content of a
pre-filing statement and pre-filing defence. In the case of a
plaintiff's pre-filing statement, the plaintiff must set out
particulars of the claim and the evidence they will rely on to
establish or support the claim. The plaintiff is to serve a
proposed statement of claim and the employer/defendant is to serve
a proposed defence to the claim with its pre-filing defence.
Section 318 (1) (a) of the 1998 provides that a plaintiff is not
entitled to file a statement of claim that is materially different
from the proposed statement of claim served with the pre-filing
statement, except with leave of the court. Likewise, a defendant
cannot file a defence which is materially different to the
