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  • Form 21 Originating Claim

Get Form 21 Originating Claim

) (Court to complete) *(if proceeding in Magistrates Court, name and provision number of law under which Magistrates Court has jurisdiction to decide claim) (name) Plaintiff (name) Defendant The plaintiff claims against the defendant relying on the facts claimed in the attached statement of claim. Nature of claim (tick appropriate box) debt or liquidated demand motor vehicle death or personal injury employment death or personal injury other death or personal injury other (please.

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How to fill out the Form 21 Originating Claim online

Filling out the Form 21 Originating Claim online is a crucial step in initiating legal proceedings. This guide will provide you with a clear, step-by-step approach to ensure you complete the form correctly and effectively.

Follow the steps to successfully complete your online form.

  1. Click ‘Get Form’ button to obtain the form and open it in the designated editor.
  2. Begin by entering the court details, indicating whether it is the Supreme or Magistrates Court of the Australian Capital Territory. Include the case number provided by the court.
  3. Fill in the name of the plaintiff and the defendant in the designated fields. Ensure that the names are spelled correctly and are capitalized appropriately.
  4. Choose the nature of your claim by ticking the appropriate box. Options include debt or liquidated demand, motor vehicle death or personal injury, employment death or personal injury, other death or personal injury, or other (please specify).
  5. In the relief claimed section, specify any exemplary damages or aggravated damages, along with interest claimed and interlocutory relief claimed where applicable.
  6. If your claim is for an individual plaintiff, provide their full name and home or business address. If the plaintiff is a corporation, enter the corporation's name and Australian Company Number or Registered Body Number.
  7. For the plaintiff’s representative capacity, enter the solicitor’s full name, firm name, business address, and telephone number if applicable. If represented by a solicitor, include the agent's name, address, and phone number.
  8. Specify the address for service of documents. If you are represented by a solicitor, provide the document exchange box number, postal address, fax, and email address.
  9. Fill in the details of the defendant in the same manner as the plaintiff, including full name and address details.
  10. Review the whole form to confirm accuracy and completeness. Then, ensure to sign and date the form, providing the name of the plaintiff or plaintiff's solicitor as necessary.
  11. Once satisfied with the form, save your changes. You may then download, print, or share the completed form as required.

Complete your Form 21 Originating Claim online today to ensure your legal process begins smoothly.

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There are two types of claims: legal and equitable. While plaintiffs pursuing a legal claim ask a court to award money, litigants bringing an equitable claim ask a court to either prompt or stop a particular action or event.

Originating Summons Compared to writ, originating summons is faster and more linear and less complicated. It costs less, and both parties will have their cases stated in affidavits (written statements confirmed by oaths) to facilitate the process. No witnesses and oral testimonies are required.

These are known as interlocutory applications. Interlocutory applications can be heard ex parte (with no other parties being served with the application) or inter partes (with one or more parties being served with the application).

A claim form is the document used to start proceedings and contains information relevant to the proceedings including the court reference number to be used on all subsequent court documents, the parties to the proceedings, what is being claimed, particulars of the claim including any claim for interest and contact ...

The claim form must contain 'a concise statement of the nature of the claim' (CPR 16.2(1)(a)). The claimant needs to identify in outline the cause, or causes, of action that are being pursued.

A Statement of Claim is a document containing the relevant facts which is relied on to establish your claim. You must file and serve the Statement of Claim on the defendant as the defendant may apply to the court for an order to dismiss your action if you fail to do so.

About Writs of Summons A Writ of Summons (Writ) is the most common example of an originating process. It is a formal document addressed to the defendant which serves to notify them of the proceedings. Examples include claims for damages resulting from a breach of contractual terms and obligations.

The particulars of a claim are a statement that outlines the details of a legal claim that a party is making. It will involve the relevant facts that make up the grounds of the claimant's case. A defendant's response will work in a similar way, and outline relevant points to the litigation.

When is an Originating Claim Filed? An originating claim must be filed when the material facts of the civil claim are in dispute. In contrast, an originating application is filed if it is required under any written law or if the claim concerns a matter of law where there are no disputes over the material facts.

Particulars are essentially the evidence that backs up a claim, and the actual claim itself is what you should argue against. A good disputes and litigation lawyer will set out the relevant facts in response to claims to support your legal position and provide your own correct particulars.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
Privacy Notice
Legal Hub
Content Takedown Policy
Bug Bounty Program
About Us
Blog
Affiliates
Contact Us
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate WorkFlow
DocHub
Instapage
Social Media
Call us now toll free:
+1 833 426 79 33
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232