Short Form Pleadings in Small Claims

Although the Small Claims Division of the Local Court is quite informal, it is a court and proceedings are commenced in the usual way with a Statement of Claim rather than a form or process unique to the Small Claims Division. The rules regarding pleadings apply equally to Small Claims Division matters.

As such, although by definition the amount in dispute is no more than $10,000.00 – and often considerably less – proper attention should be given to correctly pleading the claim in the Statement of Claim.

Of assistance in pleading claims for money or debts is rule 14.12 of the Uniform Civil Procedure Rules. Rule 14.12 permits the use of “short form” pleadings. These are similar to the old money counts, though have their authority under this particular rule.

To use a rule 14.12 short form pleading it is necessary to use the precise wording set out in rule 14.12. Further, it is settled law that in addition to using the wording proscribed by the rule sufficient particulars must also be provided in the pleadings to enable the defendant (and the Court) to clearly understand the claim that the plaintiff is making.

For example, if it is a claim for payment for “work done or materials provided by the plaintiff for the defendant at the defendant’s request” is it necessary to not just plead those words, but to also particularise the request, the work or materials and the sum claimed. It is a somewhat common failure to simply plead the short form but without such particulars, which is a failure that a canny defendant may rely on to strike out the claim.

If proceedings are commenced by way of a pleading under rule 14.12, the defendant can, under rule 14.12(2) file and serve a “notice to plead” which requires the plaintiff to plead the claim in full. A notice to plead must be filed within the time to file a defence (which is 28 days from the date of service).

It should be noted that a short form pleading that is drafted under 14.12 is permitted, but any other abbreviated pleading is not permitted. For example, a common debt collection statement of claim is “Services rendered from [date] to [date]”. Such a pleading is not in the form required by 14.12, therefore is not a permitted short form pleading and is liable to be struck out.

If you are owed money and need some advice on your recovery options then get in touch with one of our debt recovery lawyers by contacting your nearest Prime Lawyers office.

We have debt recovery and litigation lawyers located at Sydney, Parramatta, Chatswood, Sutherland and Wollongong.