NSW UCPR [Form 15] Statement of Particulars ➲ Compensation to Relatives Claim

When is a NSW UCPR [Form 15] Statement of Particulars ➲ Compensation to Relatives Claim used?

See UCPR 15.13 for more information.

You MUST serve the statement and copies of all of the documents listed in UCPR 15.13

⚖️ On the defendant or on the defendant’s insurer or solicitor;

⚖️ When you serve the Statement of Claim or as soon as practicable after you serve the Statement of Claim.

If you are not able to serve copies of any of the documents listed in UCPR 15.13, you MUST include your reasons in the statement.

Requirements for Statement of Particulars

Particulars required for proceedings under Compensation to Relatives Act 1897

(cf DCR Part 9, rule 27(6) and (7))

(1) This rule applies to a claim for damages in respect of personal injuries arising from any act, neglect or default ("the accident" ) that is the subject of proceedings under the Compensation to Relatives Act 1897 .

(2) On or as soon as practicable after serving the statement of claim, the plaintiff must serve on the defendant, or on the defendant's insurer or solicitor--

(a) in respect of each person on whose behalf the proceedings are commenced, a statement containing the following information--

(i) the person's name, address, relationship to the deceased person the subject of the proceedings, marital status and any anticipated alteration to that status,

(ii) whether the person's dependency on the deceased person, or the person's reliance on services provided by the deceased person, is claimed to have been whole or partial, the circumstances in which the person received support or services from the deceased person, and the quantum of that support or those services during the 12-month period immediately before the death of the deceased person, and

(b) in respect of each person on whose behalf the proceedings are commenced, copies of the following documents--

(i) a copy or extract of the person's birth certificate and, if the person has been married, a copy of the person's marriage certificate,

(ii) copies of any bank statements, financial records or other documents on which the person intends to rely to establish the extent of the support and other benefits provided to the person by the deceased person, covering a period of not less than 12 months immediately before the date of the death of the deceased person, and

(c) in respect of the deceased person, copies of the following documents--

(i) a letter from the employer (if any) of the deceased person immediately before the accident, providing particulars of the deceased person's remuneration and prospects of promotion at the date of his or her death,

(ii) copies of the deceased person's income tax returns relating to income received during the period of 2 financial years ending immediately before the financial year that included the date of his or her death,

(iii) copies of all documents, including accounts and receipts, in support of any claim for the cost of a funeral or headstone or for any other expenses relating to the deceased person's death,

(iv) copies of documents evidencing the net value of the estate of the deceased person.

(3) On or as soon as practicable after serving the statement required by subrule (2), the plaintiff must file a copy of that statement (without the other documents required to be served by this rule).

(4) If any, or any part of, any document required to be served by subrule (2) cannot be served, a statement of the reasons why it cannot be served must be included in the documents served.

Document Overview:

✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005;

✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing with the Court;

✅ For use in all NSW Court registries for all NSW Courts including Local (General & Small Claims), District (All Lists^), Supreme (Common Law & Equity Divisions) and all Appeals to the NSW Court of Appeal.

Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.

Legal Advice Recommended

The preparation of a Statement of Particulars ➲ Compensation to Relatives Claim has important strategic legal implications.

In short, due to the complexities involved:

➲ We recommend you contact our legal team to obtain legal advice and guidance.

Important Notes:

The party preparing this Form is required to serve a copy of the Form on all other parties to the proceeding.