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If you wish to dispute a statement of claim you can lodge a notice of grounds of defence at any time prior to judgment. If you have not filed a notice of grounds of defence the plaintiff can apply for a judgment 28 days after the statement of claim has been served upon you.
You should consider obtaining legal advice before filing a notice of grounds of defence. You may also seek assistance from the Chamber Magistrate at your nearest Local Court Registry. Your next step is to obtain a notice of grounds of defence from any Local Court
Once you have completed and signed the notice, the original together with 2 copies, must be filed at the court where the statement of claim issued. (Note: in the case of General Division you will need to complete an affidavit which is attached to the notice).
After filing the notice of grounds of defence you must forward a copy of the notice to the Linton Pitt Lawyers. You must arrange for the notice to be received by the us no later than 14 days after filing. This can be done by:
- delivering a copy personally to 152 George St Hornsby NSW 2077
- forwarding a copy by mail to P.O. Box 198 Hornsby NSW 2077
The Small Claims Division procedures apply in respect statement of claims less than $10,000.
The matter is then listed approximately six weeks ahead for a Pre Trial Review before the Registrar or Magistrate/Assessor. At the review the Court will try and assist the parties in reaching an agreement to resolve the dispute. The Court adjourn the matter for a further Pre Trial Review to allow further discussions to take place.
If an agreement cannot be reached the Court will attempt to identify the main points which cannot be resolved. You will then need to prepare statements and other documents to order to present your case at a hearing. The Court can give other directions to the parties to exchange and file documents.
Hearings in the Small Claims Division are generally conducted by either a Magistrate or an Assessor. The hearing is an informal process where the Magistrate/Assessor will consider the statements and documents provided by the parties. The parties will also be given the opportunity to comment upon the evidence.
The General Division procedures apply in respect statement of claims between $10,000 and $60,000.
The matter is listed for a Call Over approximately six weeks ahead before the Registrar or Magistrate. When the notice of listing of the case for Call Over is sent to you by the Registrar it will have attached a document called "General Division Timetable and Standard Directions". This document will inform you of the proposed time frames in which the hearing will be conducted. It will also provide instructions which you must follow in preparing your case.
At the Call over you may reach an agreement with the other party or the matter may be referred for Arbitration. This is an alternative to a formal Court hearing. If the matter is not settled or referred to Arbitration you will be allocated a hearing date. You will need to prepare statements or affidavits from witnesses and any other document which you will be relying on. You will be required to provide a copy of these to the plaintiff at least 28 days before the hearing.
Prior to the hearing the Court will require the parties to attend for a review. The purpose of the Review is to make sure that documents and statements have been exchanged and confirm that the matter is ready to proceed to a hearing.
If a party has not complied with a direction given by the Court then the Magistrate may make further directions, strike out the action, defence and make orders for costs.
At the General Division hearing the usual procedure will be for each witness to be called, the statement adopted by the witness as his or her evidence in chief, and the original statement marked as an exhibit. If no cross examination of the witness is required, the statement can simply be tendered as an exhibit, and the witness advised not to attend court beforehand.
At the hearing, application may be made to supplement the written evidence of the witness with further oral evidence, or to clarify matters within the written statement.
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