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Before you respond to a civil claim

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

This document can either be a Writ of Summons (Writ) or an Originating Summons (OS), 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 Writ of Summons (simplified civil process)

 

  • You have been served a Writ by the plaintiff or their lawyers (if any) that states the plaintiff is claiming for a sum up to $60,000.
  • You have been served a Writ by the plaintiff or their lawyers (if any) that states the plaintiff 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 a Writ of Summons
  • You have been served a Writ by the plaintiff or their lawyers (if any) that states the plaintiff 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 a Writ by the plaintiff or their lawyers (if any) that states the plaintiff 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 Summons

You have been served an OS by the plaintiff or their lawyers (if any).


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