NSW UCPR [Form 35] Acknowledgement of Liquidated Claim

New South Wales

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When is a NSW UCPR [Form 35]
Acknowledgement of Liquidated Claim used?

If you are served with a Statement of Claim and agree that you owe the amount being claimed, you may file an Acknowledgment of Liquidated Claim for the full amount including interest, fees and solicitor’s costs.

You CANNOT file an Acknowledgment of Liquidated Claim if you have already filed a Defence or if the plaintiff has filed an Application (Notice of Motion) for Default Judgment under UCPR Part 16.

Once you have filed the Acknowledgment of Liquidated Claim, the court will enter judgment for the full amount.

See UCPR 20.34 for more information.

Alternative ➲ Notice of Appearance (No part in the proceedings) + Save as to Costs

Note : See rule 6.11

(1) A defendant who intends to take no active part in proceedings may include in the defendant's notice of appearance a statement to the effect that the defendant submits to the making of all orders sought and the giving or entry of judgment in respect of all claims made, to which may be added the words ", save as to costs".
(2) Except by leave of the court, a defendant who has filed a Notice of Appearance containing a statement referred to in subrule (1) may not file a defence or affidavit or take any other step in the proceedings.

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.

Application to Pay by Instalments

If you wish to apply to pay the debt by instalments, you may also file:

⚖️ Form 46 - Notice of Motion to pay by instalments - individual; or

⚖️ Form 47 - Notice of Motion to pay by instalments - corporations.

The court will consider your application to pay by instalments after it has entered judgment for the full amount.

See UCPR 37.2 for more information.

Legal Advice Recommended

Due to the alternatives to consider, the complexities involved and the serious consequences of judgment being entered, including impact on your credit report history:

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

⚖️ Whether this step is the correct one to take; and

⚖️ Consideration of alternatives you may have including a Notice of Appearance (No part in the proceedings + Save as to Costs), Settlement outside of court, Payment by Instalments, etc. and the pro's and con's of each.

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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