Matters for $150,000 or less should be heard in the magistrates court. In some situations (e.g. seeking an injunction) you may need to have your matter heard in a higher jurisdiction.
Matters between $150,000 and $750,000 should be heard in the District Court. In some situations (e.g. seeking an injunction) you may need to have your matter heard in the Supreme Court.
List each plaintiff's details.
If a person is suing or being sued on behalf of another person or entity, this is known as suing or being sued in a representative capacity. For example, it could be a trustee, executor or guardian representing the entity.
List each defendant's name, ABN/ACN if applicable and address for service.
You need to enter the defendant’s full name, which includes middle name if they have one. For example, John Adam Smith or, if no middle name, John Smith.
If your claim is against a trader or company, it is important to include their correct business details (including full name and address) on the application form. This ensures you take action against the right organisation.
Contact the Australian Securities and Investment Commission (ASIC) for business name and company information. They may charge a search fee.
Enter each statement as an individual entry.
Refer to Legal Aid for sample forms that show what information is required for a claim and statement of claim.
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