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See UCPR 14.12 for more information.
You can ask the plaintiff to plead their claim more fully (i.e. give more information about their claim) if the plaintiff used the following words to claim money in the Statement of Claim:
⚖️ Goods sold and delivered by the plaintiff to the defendant;
⚖️ Goods bargained and sold by the plaintiff to the defendant;
⚖️ Work done or materials provided by the plaintiff for the defendant at the defendant’s request;
⚖️ Money lent by the plaintiff to the defendant;
⚖️ Money paid by the plaintiff for the defendant at the defendant’s request;
⚖️ Money had and received by the defendant for the plaintiff’s use;
⚖️ Interest on money due from the defendant to the plaintiff, and forborne at interest by the plaintiff at the defendant’s request;
⚖️ Money found to be due from the defendant to the plaintiff on accounts stated between them.
You MUST file the Notice to Plead Facts within 28 days of being served with the Statement of Claim or such other time as the court directs for you to file a defence (see UCPR 6.2).
You MUST serve a copy of the Notice on the plaintiff.
The plaintiff then has 28 days to file an Amended Statement of Claim pleading the facts on which he or she relies in full.
The Amended Statement of Claim MUST include a note to the effect that the Statement of Claim has been amended in response to the Notice.
If you have not filed a defence before you serve a Notice to Plead Facts, you do not have to file your defence until 14 days after you are served with the plaintiff’s Amended Statement of Claim.
✅ 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.
The preparation and filing of a Notice to Plead Facts 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 filing this Form is required to serve a copy of the filed Form together with all other filed documents on all other parties to the proceeding.
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