Let Us Understand The Claim Statement
Statement of claim is a legal action taken by someone by sending a legal document in the court and he also tells why he is claiming this.
- Mostly it is claimed in district court or high court. Statement of claims should be clear in its purpose because if you miss something while drafting it means you will miss that particular thing as an award after the final decision.
- There are some things that must be avoided in a statement of claim like evidence, proof. The statement of claim should have some unavoidable points.
- Most of the people do not understand the legal cause of action.
- All facts and figures that support your case should be included in the statement of claim.
- A section that indicates the result that plaintiff wants from the cause of action taken in the statement of claim.
- You also have to make a memo suggesting who is filing the statement of claim and where you have to send documents of service.
- Statement of claim should not be too long; you should keep it short and simple. Your cause of action should not be very much technical otherwise it will make your statement of claim complex. If the dispute is between two people then it will not require many pages to write your statement of claim.
- The documents that are used in any court whether it is High Court, session court or district court, written with proper spacing so that one can easily read it and can have some space to write there.
- Statement of claim should keep all the important points but at the same time it should be short and simple.
- If the statement of claim does not possess all the necessary points or the points which are required in the statement of claim can be a reason to write again your statement of claim.
- You should not do any unnecessary activity in the statement of claim otherwise you will have to claim it again and you must have information that filing a statement of claim again and again will waste your money a lot.
- A well drafted statement of claim can be very useful for the lawyers because they want clear, simple, and easy to understand stuff so that they will not face any kind of trouble in the future.
How To Draft A Statement Of Claim In Australia?
For drafting a statement of claim, you would require to keep some points in your mind.
- First of all you have to think about why you are going to write a statement of claims.
- Who is suing the statement of claims to whom and what is the legal reason for drafting your statement of claims.
- You have to use appropriate format for writing the statement of claims and wherever you feel that you need to rectify this portion, just mark that with yellow colour.
- A statement of claims needs to have a few important points like name of the party who is filing the claim, information of court where you have to claim the statement of claims, a clear indication of who is suing whom, details of damages that have taken place and the details of liabilities.
- Whatever you write must be reviewed once to cross verify whether you have included all the points that are necessary. You should never forget to take the review of an expert lawyer, in this way you can ensure that your statement of claims will definitely help in proceeding the case.
Breach of contract statement of claim:
If you are filing a statement of claim for breaching an agreement then you will have to consider these points.
- You will have to write how the contract has breached.
- You also have to mention how you are demanding the claim by stating the damages caused to you.
- You will also tell all the facts and figures related to the contract.
- Statement of claim related to breach of contract would contain the information regarding the breach of delivery of the goods or the services on the promised time that is why I have faced monetary loss, this is how the plaintiff can claim for refund of the total amount, damages caused by this unusual activity, other further relief can be provided by the honorable court.
What Is The Purpose Of The Statement Of Claim?
- If due to any reason you get stuck with any party and you are going to file a case against that party, in that case you need to collect all the details as facts and figures to claim in the form of a statement of claims.
- For filing a statement of purpose, you need to give all the details of the dispute and these facts and figures would be considered in the court proceedings.
- It also tells what kind of solution you want after the settlement of the proceedings.
- Here you also mentions the purpose of the damage and you will have to mention how you calculated the amount you have claimed in the statement of claims.
- Statement of claims also gives an opportunity to the other side to respond on the issue. As discussed above, it is a legal proceeding taken by the bearer who has faced this loss against that party which is the reason for damages or loss.
Statement Of Claims Example:
Point of claim:
- Mention cause of action.
- Mention components of the cause of action.
- All the facts and figures of your case.
- What kind of solution do you want?
Many people need to write statement of claims for any sort of legal problem arise due to damage or loss, for solving this kind of issues, we need to write statement of claims but we do not understand that how to draft this legal document so that it can solve the purpose of filing the claim, hence we need best assignment writing service in Australia to make our claim stronger but people do not know how to choose best service, for choosing the best service, you need to consider some points like the customer service of the writing service provider must be good and you should also check once the reviews given by the real users.
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