CONTENT OF STATEMENT OF CLAIM

[CL202.165]
Apart from the formal matters at [CL202.160], it is obligatory to insert the detail required in the "Relief
Claimed" section of the statement of claim.
Unliquidated claims, under the UCPR r 6.12, the statement of claim or summons must specifically state the
relief claimed by the plaintiff including:

1 damages generally, but not an amount (UCPR r 14.13.1), unless the claim is for the
recovery of costs of repair of a motor vehicle in the District Court or Local Court: UCPR r
14.13.2;
2 if sought, exemplary damages and aggravated compensatory damages;
3 interest up to judgment ("pre-judgment interest") awarded under s 100 of the CPA;
1. specify the period or periods for which interest is claimed; and
2. specify the rate or rates at which interest is claimed.
If no rate of interest is specified UCPR r 6.12(8) provides that the rate at which interest is claimed is
taken to be the rate that is 4% above the cash rate last published by the Reserve Bank of Australia.
Costs do not need to be specifically sought: UCPR r 6.12(4).
The pleadings, must set out:

4 the material facts which are alleged in relation to each cause of action: UCPR r 14.7;
and
5 the relief claimed: UCPR r 6.12.

To present the facts in the best order:

6 begin by identifying the parties;

7 describe the legal relationship from which the cause of action arises, for example:
3. the contract that the parties made; or
4. the relationship between the parties which gave rise to the duty of care;

8 if applicable, describe the conduct of the plaintiff which entitles the plaintiff to relief, for example,
performance of a contract;
9 describe the wrongful conduct of the defendant;
10 describe the causative link between the wrongful conduct and the damage;
11 describe the damage this caused; and
12 describe the relief sought.
If there are a number of causes of action, deal with each one separately and comprehensively. To avoid
repeating facts which are common to each cause of action, you may refer to earlier paragraphs in the
pleading, for example, "The plaintiff repeats the allegations made in paras 1-6."
230.10 Statement of claim for breach of agreement 1.

1. The plaintiff is and was at all material times a duly incorporated company and as such able to
sue in and by its corporate name and style.

2. The defendant is and was at all material times a duly incorporated company and as such able
to be sued in and by its corporate name and style.

3. On or about [date] the plaintiff and the defendant entered into an agreement pursuant to which in
consideration of [describe consideration provided by the plaintiff] the defendant agreed to [describe
general obligations of the defendant]("the Agreement").

PARTICULARS

The agreement was partly express and partly implied. To the extent that the agreement was express, it was
partly in writing and partly oral. The written part of the agreement consists of [identify document]. The oral part
of the agreement consists of a conversation between the plaintiff by [name] and the defendant by [name] on or
about [date]. The substance of the conversation relevantly was [describe]. To the extent that the agreement
was partly implied, the implication arises by reason of the following facts, matters and circumstances [list
matters relied upon].

4. It was an express term of the agreement that [describe obligation].

5. It was a further express term of the agreement [describe obligation].

6. It was an implied term of the agreement that [describe obligation].

7. Pursuant to the terms of the agreement, the plaintiff [describe provision of consideration by the plaintiff] but
wrongfully and in breach of each of the express terms alleged in paragraphs 4 and 5 above and in breach of the
implied term alleged in paragraph 6 the defendant has refused or neglected to [describe breaches by defendant
of its obligation] in consequence whereof the plaintiff has suffered loss and damage.

PARTICULARS

[describe and quantify damages]

And the plaintiff claims:
1. Damages.
2. Interest pursuant to s 94 of the Supreme Court Act.

230.15 Statement of claim for damages in consequence of repudiation of agreement 1.

1 to 6. [see Precedent 230.10]

7. Pursuant to the terms of the agreement the plaintiff [describe provision of consideration by the
plaintiff] but wrongfully and in breach of the express terms alleged in paragraphs 4 and 5 above and in
breach of the implied term alleged in paragraph 6 the defendant has persistently and continuously
refused to [identify breaches by defendant of its obligations].
 PARTICULARS OF DEFENDANT'S REFUSAL

[describe]
8. By reason of the conduct alleged in paragraph 7 above the defendant evinced an intention no longer
to be bound by the agreement which repudiation was accepted by the plaintiff on or about [date] in
consequence whereof the agreement was brought to an end.

PARTICULARS

[describe manner of acceptance]

9. By reason of the matters alleged above the plaintiff has suffered loss and damage.

PARTICULARS

[describe and quantify damages]

AND the plaintiff claims:
[see Precedent 230.10]

230.20 Statement of claim for rescission of agreement (mistake) 1.

1 to 3. [see Precedent 230.10]

4. It was an implied condition precedent to the coming into effect of the agreement that [describe
essential quality of subject matter].
5. Further or in the alternative to paragraph 4 above at the time that the plaintiff and the defendant
entered into the agreement each acted under a serious mistake as to the substance of the subject
matter of the agreement in that each acted in the belief that [describe essential quality of the subject
matter].
6. Alternatively to paragraph 5 above, at the time that the plaintiff and the defendant entered into the
agreement:

13 the plaintiff acted under a serious mistake as to the substance of the subject
matter of the agreement in that the plaintiff acted in the belief that [describe essential quality of the
subject matter];
2- the defendant knew or, alternatively, ought reasonably to have known that
at the time that the plaintiff entered into the agreement the plaintiff was acting under the serious
mistake referred to in (a) above.
PARTICULARS
[describe the facts, matters and circumstances relied upon to establish the defendant's knowledge]
7. On or about [date] the plaintiff paid to the defendant [amount] being the amount required to be paid
by the plaintiff to the defendant pursuant to the terms of the agreement.
8. [allege absence of essential quality]
9. In the premises by reason of the matter alleged in paragraph 8 above the condition precedent alleged
in paragraph 4 was never fulfilled and the agreement never came into effect.
10. Further or in the alternative to paragraph 9 above, the plaintiff pleads paragraphs 10 to 12 hereof.
11. On or about [date] the plaintiff became aware that contrary to the belief held by it at the time of
entry into the agreement [allege absence of essential quality].
12. In the premises it is unconscionable for the defendant to insist upon performance of the agreement
and to retain the benefits provided or to be provided by the plaintiff thereunder.

PARTICULARS

The plaintiff relies upon the matters alleged in paragraphs 5 and 6 above. The plaintiff additionally relies
upon the contribution by the defendant to the plaintiff's mistake and belief such contribution occurring
by reason of [describe the facts, matters and circumstances relied upon]. [describe the difference in
worth to the plaintiff between what was received in comparison to what was believed would be
received]
[describe the difference in worth to the plaintiff between what was received in comparison to what was
believed would be received]
13. On or about [date] the plaintiff rescinded the agreement and demanded repayment of the amount
referred to in paragraph 7 above but the defendant has wrongfully refused to make such repayment.
14. The amount referred to in paragraph 7 above was in the premises money paid under mistake of fact
or, alternatively, money had and received for the use of the defendant.
AND the Plaintiff claims:
1. A declaration that the plaintiff is not and never was bound to perform the agreement.
2. Alternatively, rescission of the agreement.
3. Judgment for [amount].
4. Interest pursuant to s 94 of the Supreme Court Act.

1. See [23,080].

230.25 Statement of claim for rectification of agreement1.

1 to 3. [see Precedent 230.10]

4. At the time of entry by the plaintiff and the defendant into the agreement it was the intention of
both the plaintiff and the defendant that [describe the common intention as to the form of the
agreement ].
5. Alternatively to paragraph 4 above, at the time of entry by the plaintiff and the defendant into the
agreement it was the intention of the plaintiff known to the defendant [describe the intention of the
plaintiff as to the form of the agreement] but knowing of such intention and knowing that the
agreement did not give effect to it the defendant permitted the plaintiff to enter into the agreement in
ignorance of such fact.
6. Contrary to the common intention alleged in paragraph 4 above or, alternatively, contrary to the
intention of the plaintiff alleged in paragraph 5, the agreement included [or failed to include] an express
term that [allege effect of the term].
AND the plaintiff claims:
1. A declaration that it was a common intention of the plaintiff and the defendant at the time of entry
into the agreement that [describe the common intention].
2. Alternatively, a declaration that it was the intention of the plaintiff at the time of entry into the
agreement known to the defendant that [describe the plaintiff's intention].
3. An order that the agreement be rectified to give such effect to such intention by [describe deletions,
additions or amendments].

1. See [23,055].

230.30 Statement of claim for misrepresentation1.

1. to 3. [see Precedent 230.10]

4. Prior to the entry by the plaintiff and the defendant into the agreement the defendant warranted or,
alternatively, represented that [describe representation] ("the Representation").
PARTICULARS
The representation was partly express and partly implied. To the extent that the Representation was
express it was partly in writing and partly oral.The written part of the Representation consists of
[identify document ]. The oral part of the Representation consists of a conversation between the
plaintiff by [name]and the defendant by [name] on or about [date]. The substance of the conversation
relevantly was [describe].To the extent that the Representation was partly implied, the implication
arises by reason of the following facts, matters and circumstances [list matters relied upon].
5. At the time of making the Representation the defendant knew or ought reasonably to have known
that:

14 The defendant was being relied upon by the plaintiff to exercise all due care,
skill and diligence in and about making the Representation;
3- The plaintiff would or might act upon the Representation;
If the plaintiff acted upon the Representation and it proved to be untrue the
plaintiff would or might suffer loss and damage;
in consequence whereof the defendant owed a duty in making the Representation to exercise all due
care, skill and diligence.
6. At the time of making the Representation the defendant was a corporation within the meaning of the
Trade Practices Act and made the Representation in trade or commerce.
7. Acting upon the Representation and induced thereby the plaintiff entered into the agreement.
8. Contrary to the warranty or, alternatively, the Representation [describe the facts alleged to be true
contrary to the representation].
9. The Representation was made by the defendant either knowing it was false or, alternatively, with
reckless indifference to whether it was true or false.
PARTICULARS
[identify matters relied upon to establish knowledge or reckless indifference]
10. Further or in the alternative the Representation was made in breach of the duty alleged in
paragraph 5 above.
PARTICULARS

15 Failing to have any or any adequate regard to information of which the

defendant knew or ought reasonably to have known;
4- failing to make any or any adequate enquiries to obtain information upon
which it was safe to act;
failing to comprehend either adequately or at all information within the
knowledge of the defendant.
11. Further or in the alternative, the Representation was made in contravention of [identify sections] of
the Trade Practices Act and [identify sections] of the Fair Trading Act.
12. In consequence of the breach of the warranty or, alternatively, reliance upon the Representation
the plaintiff has suffered loss and damage.
PARTICULARS
[describe and quantify damages]
AND the plaintiff claims:
1. Damages.
2. Interest pursuant to s 94 of the Supreme Court Act.
3. Alternatively to 1 and 2, an order varying the agreement in such manner as the Court shall think fit
pursuant to s 87 of the Trade Practices Act or s 72 of the Fair Trading Act[alternatively, specifically state
the variation sought].

1. See [23,090] and [23,095].

230.35 Statement of claim for equitable assignee of the benefit of an agreement 1.

1. The plaintiff is a duly incorporated company and as such able to sue in and by its corporate name and
style.
2. The defendants are and were at all material times duly incorporated companies and as such able to
be sued in and by their corporate names and styles.
3. On or about [date] the second defendant and the first defendant entered into an agreement
pursuant to which in consideration of [describe consideration provided by the second defendant] the
first defendant agreed to [describe general obligations of the first defendant] ("the Agreement").
PARTICULARS
[see Precedent 230.10]
4. to 6. [see Precedent 230.10]
7. On or about [date] the second defendant orally assigned to the plaintiff the benefit of the
Agreement.
8. Pursuant to the terms of the Agreement the second defendant [describe provision of consideration
by the second defendant] but wrongfully and in breach of each of the express terms alleged in
paragraph 6 the first defendant has refused or neglected to [describe breach by the first defendant of
its obligations] in consequence whereof the plaintiff has suffered loss and damage.
PARTICULARS
[describe and quantify damages]
9. The second defendant being unwilling to be joined herein as a plaintiff is joined as a defendant to the
proceedings being the person entitled in law to the benefit of the agreement.
AND the plaintiff claims:
1. Damages.
2. Interest pursuant to s 94 of the Supreme Court Act.
1. See [23,075].

230.40 Statement of claim for legal assignee of the benefit of agreement 1.

1. The plaintiff is a duly incorporated company and as such able to sue in and by its corporate name and
style.
2. The defendant is a duly incorporated company and as such able to be sued in and by its corporate
name and style.
3. On or about [date] [name of assigning company] and the defendant entered into an agreement
pursuant to which in consideration of [describe consideration provided by assigning company] the
defendant agreed to [describe general obligations of the defendant] ("the Agreement").
PARTICULARS
[see Precedent 230.10]
4. to 6. [see Precedent 230.10]
7. On or about [date] [name of assigning company] by written assignment assigned to the plaintiff the
benefit of the Agreement.
8. On or about [date] the plaintiff notified the defendant in writing of the assignment.
9. Pursuant to the terms of the agreement [name of assigning company] [describe provision of
consideration by assigning company], but wrongfully and in breach of each of the express terms alleged
in paragraphs 4 and 5 above and in breach of the implied term alleged in paragraph 6 the defendant has
refused or neglected to [describe breaches by the defendant of its obligations] in consequence whereof
the plaintiff has suffered loss and damage.
PARTICULARS
[describe and quantify damages]

1. See [23,075].

230.45 Statement of claim for work done and materials supplied 1.

1. & 2. [see Precedent 230.10]

3. On or about [date] the plaintiff and the defendant entered into an agreement pursuant to which in
consideration of [describe consideration provided by the plaintiff] the defendant agreed to pay to the
plaintiff the reasonable costs and expenses of the plaintiff incurred in and about carrying out such work
and supplying such materials ("the Agreement").
PARTICULARS
[see Precedent 230.10]
4. Pursuant to the terms of the Agreement the plaintiff in or about [period]carried out the work and
supplied the materials the subject of the Agreement.
5. The reasonable costs and expenses of the plaintiff incurred in and about carrying out the work and
supplying the materials were [identify and quantify].
6. Alternatively to paragraphs 3 and 4 above, the costs and expenses identified in paragraph 5 were
incurred in and about carrying out work and supplying materials at the request of the defendant.
PARTICULARS
The request was [describe].
7. The defendant has wrongfully refused and neglected to pay to the plaintiff the costs and expenses
identified in paragraph 5 or any of them.
AND the plaintiff claims:
1. Damages.
2. Interest pursuant to s 94 of the Supreme Court Act.

1. See [23,015].

230.50 Statement of claim for money had and received where consideration has wholly failed 1.

1. to 3. [see Precedent 230.10]

4. Pursuant to the terms of the agreement the plaintiff [describe provision of consideration by the
plaintiff] but wrongfully and in breach of the agreement the defendant has refused or neglected to
[describe failure to provide consideration by the defendant] in consequence whereof the consideration
for the payment by the defendant of [amount] has wholly failed.
5. In the premises the amount of [amount] is money had and received to the use of the defendant.
AND the plaintiff claims:
1. Judgment for [amount].
2. Interest pursuant to s 94 of the Supreme Court Act.

1. See [23,015].

230.55 Statement of claim for injunction1.

1 to 6. [see Precedent 230.10]

7. Pursuant to the terms of the agreement the plaintiff [describe provision of consideration by the
plaintiff] but wrongfully and in breach of each of the express terms alleged in paragraphs 4 and 5 above
and in breach of the implied term alleged in paragraph 6 the defendant has [describe breach]and
threatens until and unless restrained by this Court to continue so to do in consequence whereof the
plaintiff has suffered and continues to suffer great loss and damage.

PARTICULARS

[describe and quantify damages]

AND the plaintiff claims:
1. An order restraining the defendant from [describe conduct sought to be restrained].
2. Damages.
3. Interest pursuant to s 94 of the Supreme Court Act.

1. See [23,145]; and see guidecard "Injunctions".

230.60 Statement of claim for specific performance1.

1. to 6. [see Precedent 230.10]
7. Pursuant to the terms of the agreement the plaintiff has [describe the fulfilment of all conditions
precedent to the defendant's obligation to perform].
8. All conditions have been fulfilled and all things have happened which render it proper for the
defendant to carry the agreement into execution but wrongfully and in breach thereof the defendant
has continually persistently refused or neglected to carry the agreement into execution on the part of
the defendant in consequence whereof the plaintiff has suffered and continues to suffer loss and
damage.
9. The plaintiff is and has always been ready and willing to perform the agreement and hereby offers to
carry out the agreement in so far as it remains to be performed on the part of the plaintiff.
AND the plaintiff claims:
1. A declaration that the agreement ought to be specifically performed and carried into execution.
2. An order that the defendants specifically perform and carry into execution the agreement in so far as
it remains unperformed by the defendant.
3. Directions as to the implementation of order 2.

1. See [23,150].

230.65 Defence that no agreement concluded1.

1. The defendant denies that it entered into an agreement with the plaintiff whether as alleged in
paragraph [number] of the statement of claim or at all.
2. In further answer to paragraph [number] of the statement of claim the defendant says, and it is the
fact that:

16 On or about [date] the defendant offered in consideration of [describe the

consideration to be provided by the plaintiff] to [describe the obligations of the defendant] ("the Offer");
PARTICULARS
The offer was [describe]

5- On or about [date] the plaintiff purported to accept the offer subject to an

additional term, namely, [describe the additional term] ("the Counter Offer").
PARTICULARS
The Counter Offer was [describe].
The Counter Offer was not accepted by the defendant.