FORM 5A ~ Magistrates Court Victoria

 

 

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Form 5A - Complaint

 

 

 

MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2020 - REG 5.02

Form of complaint

(1)     Unless paragraph (2) applies, a complaint must be in Form 5A.

(2)     If a complaint is to be served out of Australia, the complaint must be in the form required by Rule 7.02(1).

(3)     A complaint must contain a statement of claim in accordance with Rule 13.01.

 

 


MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2020 - REG 13.01

Statement of claim

(1)     A statement of claim must—

(a)     contain, in a summary form, a statement of all material facts on which the plaintiff relies, but not evidence by which those facts are to be proved; and

(b)     contain the necessary particulars of every fact or matter; and

(c)     if the claim arises by or under any Act, identify the specific provision of the Act that is relied on; and

(d)     state specifically the amount or other relief or remedy sought; and

(e)     state the place where and the date when the claim arose.

(2)     A statement of claim may make inconsistent allegations of fact, if it makes clear that the allegations are made in the alternative.

(3)     A statement of claim must be divided into paragraphs numbered consecutively, and each fact or matter stated, so far as practicable, must be contained in a separate paragraph.