Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 50

    (1)     An originating claim must state briefly and specifically the nature of the claim made and relief sought.

Note     See approved form 2.1 (Originating claim) AF2006-246

    (2)     A statement of claim must be filed with the originating claim.

Note 1     See

              •     approved form 2.2 (Statement of claim—debt or liquidated demand) AF2007-60

              •     approved form 2.3 (Statement of claim—motor vehicle death or personal injury) AF2014-160

              •     approved form 2.4 (Statement of claim—employment death or personal injury) AF2014-26

              •     approved form 2.6 (Statement of claim—general) AF2006-447

Note 2     Rule 52 sets out requirements for the statement of claim for a motor vehicle death or personal injury claim and r 53 sets out requirements for a statement of claim for an employment death or personal injury claim.

Note 3     A statement of claim is a pleading (see dict, def pleading ) and therefore must comply with pt 2.6 (Pleadings).

    (3)     An originating claim filed in the Magistrates Court, or the accompanying statement of claim, must show that the court has jurisdiction to decide the claim.

Note     The title="A1930-21">Magistrates Court Act 1930

, pt 4.2 (Civil jurisdiction) deals with the civil jurisdiction of the Magistrates Court under that Act.

    (4)     An originating claim must state—

        (a)     whether the plaintiff is represented by a solicitor; and

        (b)     if the plaintiff is represented by a solicitor—the name of the solicitor; and

        (c)     the plaintiff's address for service; and

        (d)     if the plaintiff is suing in a representative capacity—the representative capacity in which the plaintiff is suing; and

        (e)     if a defendant is being sued in a representative capacity—the representative capacity in which the defendant is being sued.

Note     Address for service is defined in the dictionary.

    (5)     An originating claim must state specifically any claim for—

        (a)     exemplary damages or aggravated damages; and

        (b)     interest up to the day of judgment.

    (6)     An originating claim need not specifically claim costs unless the claim is for a debt or liquidated demand.

Note     Liquidated demand is defined in the dictionary.

    (7)     If the relief sought requires the court's decision or direction on any question, the originating claim must state the question.