Pleadings

There are three main participants in every piece of litigation: you, the other side and the court and they all need to know what the case is about and what limits will be placed upon it. The court documents such as the statement of claim and the defence set out the material facts and issues in the case for this purpose. Consequently pleadings tell the three main participants about the case.

The Principal Solicitor at our law firm has helped many clients plead their statement of claim, defence, reply and cross claim by meticulously setting out the factual matters and the relief claimed. Let us help you understand the essential elements of your case and how to go about placing this in a court document.

Our firm is committed to preparing your court documents with competence and trust whilst all the while remaining accessible to you as our client. With more than 10 years’ worth of experience helping litigants in Sydney with pleading the essential ingredients that go towards the statement of claim/defence we should be able to help you also. In some cases we may recommend that a barrister/counsel be briefed to settle your pleadings.

Let us help you: –

• determine whether your claim or defence, for a damages claim, has reasonable prospects of success [see: Clause 2 to Sch 2 of the Uniform Law]
• appreciate the overriding purpose, as set out in section 56, is the “just, quick and cheap resolution of proceedings”
• work out the material facts in your case and the relief you will need
• put your pleadings in proper form:- divide it into paragraphs, plead a summary of material facts not evidence, keep it as brief as the case allows, state the effect of documents and words, plead matters that could cause surprise, plead consistently, raise appropriate points of law
• provide all the necessary particulars
• electronically file with the Court and then arrange service on all parties
• prepare your defence by: denying matters and avoid admissions,
• give such particulars as may be required in respect of fraud, misrepresentation, breach of trust and undue influence
• avoid the chances of your pleading being struck out for being defective for:- not disclosing a reasonable cause of action, being legally embarrassing or an abuse of process.
• amend your pleadings (and make the application for amendment), if required, to add a party / cause of action / defence or to correct matters [see: UCPR Pt 19 and ss 64 to 65 of the CPA]
• add amendments in the correct manner by underlining changes etc.

* This content does not purport to give legal advice. Readers must obtain their own legal advice, that applies to the particular circumstances of their case, before taking any action at all.