EXPERIENCE. TRUST. SOUND ADVICE.

Court Claims

What is a Court “claim”?

In order to commence civil proceedings before either the Magistrates Court, the District Court or the Supreme Court of Queensland, a party must file a Court document known as a “claim” with the relevant Court registry. A claim is an “originating process”, as it officially starts the Court proceeding once it is accepted and issued by the Court (i.e. it is stamped with the court’s seal by the appropriate officer of the Court).

At times, however, it may be more appropriate to file a different type of originating process known as an “application”, or the procedural rules which govern civil proceedings, known as the Uniform Civil Procedure Rules 1999 (Qld), may in fact dictate which originating process must be used depending on the specific circumstances of the case. If a Court proceeding is incorrectly started using the wrong originating process, the Court may:

  • order that the proceeding continue as if started by a claim or an application;
  • give directions the Court considered appropriate for the conduct of the Court proceeding; or
  • make any other order the Court considers appropriate, including imposing adverse costs orders against a party.

What are the general requirements of a claim?

A claim must be in the approved Court form.

A party that files a claim is known as the “plaintiff”.

A party on whom the claim is served is known as the “defendant”.

The plaintiff must:

  • state briefly in the claim the nature of the claim made or relief sought in the Court proceeding;
  • include the names of all the parties to the Court proceeding;
  • include a statement in the claim notifying the defendant:
    • the relevant time limited for filing a notice of intention to defend;
    • that if the defendant does not file a notice of intention to defend within the time, a default Judgment may be obtained against the defendant without further notice;
  • attach a “statement of claim” to the claim; and
  • for a claim filed in the Magistrates Court or a District Court, show the Court has jurisdiction to decide the claim.

A claim, once filed, remains in force for one (1) year starting on the day it is filed.

A stamped copy of the claim and statement of claim must be validly served on the defendant.

If you are thinking about commencing Court proceedings to pursue a claim for damages or other relief against a defendant, and you wish to have an experienced civil litigation lawyer prepare the necessary Court documents for you and otherwise represent you in the matter, please contact AdviiLaw today to speak to one of our civil litigation lawyers. Contact us on 07 3088 7937 or email us at [email protected].

This commentary is of a general nature only, containing nothing more than some general information for the reader. It is not intended to be legal advice, nor cannot it be relied upon as legal advice. To this end, please read our Website Terms including the disclaimer contained therein carefully. Laws, rules and principles may be subject to sudden and unexpected changes and you should always consult a lawyer about your specific circumstances.

Your Trusted Lawyers

For a lawyer in Brisbane that you can trust to represent your best interest, contact the team at ADVIILAW. We are proud to be a team of specialist senior lawyers with years of experience in commercial, property and litigation in Australia. Rely on our team for the best advice and legal represntation in Brisbane

Contact Our Team

Book Appointment

DISCUSS YOUR MATTER WITH OUR LAWYERS TODAY

CONTACT OUR TEAM Book Appointment
AdviiLaw
5.0
Based on 100 reviews
powered by Google
Celia McQueen
Celia McQueen
10:38 17 May 21
Alice helped us with the purchase of our first home, and we greatly appreciated her attention to detail and clear... communication throughout the process. We would gladly work with her again or recommend her to others. Thanks Alice!read more
Natalie Dugec
Natalie Dugec
10:55 12 Apr 21
I am extremely grateful for the help I received from ADVIILAW. I required their services for a defamation case and... their services exceeded my expectations. At any time I needed them they were always available to help promptly and did so with a high level of professionalism. Zoran Gelic is great to work with. He explained every step in detail so that I could clearly comprehend and make informed decisions to support my case. This assisted with the positive outcome. If you need a lawyer. I highly recommend ADVIILAWread more
Michael Zarafa
Michael Zarafa
21:56 01 Apr 21
I highly recommend Zoran Gelic as a defamation lawyer. He has a proactive approach and explains everything in detail. I... ended up with a positive outcome and the experience I had with him was fantastic. Keep up the great work Zoran.read more
Rodney McEwan
Rodney McEwan
08:26 31 Mar 21
I can highly recommend Zoran Gelic from Adviilaw who attended to a defamation matter on our behalf. Zoran was extremely... knowledgeable, helpful and professional in resolving this matter. I can highly recommend Zoran Gelic to anyone in need of a lawyer, specifically in relation to defamation law matters.read more
Rin Kim
Rin Kim
06:41 01 Mar 21
Excellent services. I highly recommend AdviiLaw for any commercial legal help.
Carly McClintock
Carly McClintock
10:24 21 Dec 20
Alice was very professional, efficient and knowledgeable with her work, while helping us understand the process in... buying our first home. I highly recommend AdviiLaw for all your conveyancing needs.read more
Bill Vo
Bill Vo
22:03 01 Dec 20
Thank you Alice for your dedication and attention to detail towards our first home loan! Alice came highly recommended... by our broker and from day 1 Alice was very professional and courteous.Alice literally went above and beyond throughout the entire process to ensure the outcome would be in our best interest.I highly recommend to contact AdviiLaw, not just for conveyancing but for other solicitor services too!Thank you again Alice!read more
More reviews
js_loader