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Alert-2 Note

This page is for matters that the Rules of Court 2021 apply to. For content relating to matters that the Rules of Court 2014 apply, click here.

If you are uncertain as to which version of the Rules of Court applies to your matter, click here.

Before you respond to a civil claim

A civil action begins when a party (the claimant) files a claim document called an originating process against another party (the defendant).

This document can either be an originating claim (OC) or an originating application (OA), depending on the nature of the case.

Refer to the following to find out which court process you have to follow and the conditions that apply:

You will have to...

The process applies for any of the following...

Respond to a civil claim made by an originating claim (simplified civil process)

 

  • You have been served an OC by the claimant or their lawyers (if any) that states the claimant is claiming for a sum up to $60,000.
  • You have been served an OC by the claimant or their lawyers (if any) that states the claimant is claiming for a sum between $60,000 and $250,000, or up to $500,000 for a road traffic accident or personal injuries arising out of industrial accidents and you consent for the simplified civil process to apply for the case.
Respond to a civil claim made by an originating claim
  • You have been served an OC by the claimant or their lawyers (if any) that states the claimant is claiming for a sum between $60,000 and $250,000, or up to $500,000 for a road traffic accident or personal injuries arising out of industrial accidents.
  • You have been served an OC by the claimant or their lawyers (if any) that states the claimant is claiming for a sum that exceeds $250,000, or exceeds $500,000 for a road traffic accident or personal injuries arising out of industrial accidents.
Respond to a civil claim made by an originating application

You have been served an OA by the claimant or their lawyers (if any).

Alert-2 Note

This page is for matters that the Rules of Court 2021 apply to. For content relating to matters that the Rules of Court 2014 apply, click here.

If you are uncertain as to which version of the Rules of Court applies to your matter, click here.


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