Division 4 Contents of statement of claim and summons

6.12   Relief claimed

(cf SCR Part 7, rule 1; DCR Part 5, rules 6 and 6A; LCR Part 5, rules 1 and 2)

(1)  A statement of claim or summons must specifically state the relief claimed by the plaintiff.

(2)  If the relief claimed requires the determination or direction of the court on any question, the statement of claim or summons must state the question.

(3)  Costs referred to in section 329 (1) (c) of the Legal Profession Act 2004 (costs payable for the enforcement of a lump sum debt or liquidated sum for damages) must be specifically claimed.

(4)  Costs, other than those referred to in section 329 (1) (c) of the Legal Profession Act 2004, need not be specifically claimed.

(5)  Exemplary damages and aggravated compensatory damages must be specifically claimed.

(6)  An order for interest up to judgment must be specifically claimed.

(7)  In the case of a liquidated claim, a claim for an order for interest up to judgment:

(a)  must specify the period or periods for which interest is claimed, and

(b)  may specify the rate or rates at which interest is claimed.

(8)  If no rate of interest is specified under subrule (7) (b), the rate at which interest is claimed is taken to be:

(a)  in respect of the period from 1 January to 30 June in any year—the rate that is 4% above the cash rate last published by the Reserve Bank of Australia before that period commenced, and

(b)  in respect of the period from 1 July to 31 December in any year—the rate that is 4% above the cash rate last published by the Reserve Bank of Australia before that period commenced.

Note. See Part 46 as to the additional matters to be included in a summons relating to an appeal.

6.12A   (Repealed)

6.13   Notice to defendant in statement of claim

(cf SCR Part 7, rule 3)

A statement of claim:

(a)  must state that, unless a defence is filed in the registry, the proceedings may result in a judgment or order against the defendant, and

(b)  must give the address of the registry where the statement of claim is filed (which will consequently be the address where any further pleadings and other documents are to be filed), and

(c)  must specify the time limited by these rules for filing a defence.

Note. See rule 6.8 in relation to claims for the possession of land.

6.14   Notice to defendant in summons

(cf SCR Part 7, rule 3)

A summons filed in proceedings in which there is a defendant:

(a)  must state that:

(i)  the proceedings may be heard, and

(ii)  the defendant is liable to suffer judgment or an order against the defendant,

      unless there is attendance before the court by the defendant or his or her barrister or solicitor at the time and place stated in the summons, and

(b)  must further state that, before any such attendance, the defendant must file a notice of appearance in the registry, and

(c)  must give the address of the registry at the place named as the place for attendance.

6.15   Summons to specify return day

(cf SCR Part 5, rule 3)

(1)  A summons must state a return day.

(2)  The return day may be fixed by the court or, if not fixed by the court, is to be obtained from the registry.

(3)  If there is a defendant, the summons is to be served on the defendant not less than 5 days before the return day unless the court orders otherwise.

(4)  A summons is to bear a note stating the terms of any order made under subrule (3).

(5)  If a return day is obtained from the registry and the summons is to be served outside New South Wales, the return day is to be not less than one month after the date of filing of the summons.

6.16   Alteration of return day in summons

(cf SCR Part 5, rule 5A)

The court may, by notice given to the parties by telephone or otherwise, postpone the return day for a summons to a later day, and may authorise the parties’ solicitors to make corresponding alterations to the copies of the summonses held by them.

6.17   Payment towards liquidated claim stays proceedings on claim

(cf SCR Part 7, rule 4; DCR Part 14, rule 2; LCR Part 12, rule 2)

(1)  This rule applies to proceedings in which the plaintiff makes a liquidated claim, but makes no claim of any other kind.

(2)  The defendant in any such proceedings may, within the time limited for appearance, pay to the plaintiff the sum of:

(a)  the amount claimed (other than costs), including any interest claimed, and

(b)  an amount for costs equal to the amount fixed in relation to such a claim by the regulations under the Legal Profession Act 2004, and

(c)  if the amount so fixed does not include the fee paid on filing the originating process, an amount equal to that fee.

(3)  Having made such a payment, the defendant may file a notice of payment.

(4)  The filing of a notice of payment operates as a permanent stay of the proceedings unless the court orders otherwise.

(5)  A statement of claim commencing proceedings to which this rule applies must bear a note to the effect of this rule and must specify the amounts for costs referred to in subrule (2) (b) and (c).