Serving a Statement of Claim in New South Wales

How long do I have to serve a Statement of Claim?

If you have commenced civil proceedings in New South Wales by filing a Statement of Claim, you must serve a filed copy of the Statement of Claim upon the defendant within six (6) months.

Serving a Statement of Claim on an Individual:

To serve a Statement of Claim in a Local Court proceeding on a defendant that is an individual you can:

• hand it personally to the defendant;
• leave it in the presence of the defendant and explain what it isleave it with a person at the defendant's home or work address who appears to be over the age of 16 years and living or working at that address; or
• ask the Local Court to post it to the defendant (for a fee).

Serving the Statement of Claim on a company

There are a number of ways you may serve a Statement of Claim on a defendant that is a company, the common of which are:

v  handing it personally to a director of the company; or

v  posting it to the registered office of the company.

If you want to serve the Statement of Claim by post, only the Local Court can mail the Statement of Claim to an individual. If the defendant is a corporation, anyone can post the Statement of Claim or serve it personally.

Twemlow & Partners has significant experience in providing practical and affordable solutions for clients requiring debt recovery services. Whether you are owed money or owe money, contact us today by using our contact us form or phone us on 1300 171 898 for a confidential discussion about your rights and responsibilities.

Author:            Michael K Twemlow

Published on: 23 January 2016