ACTIn ForceRegulation
Court Procedures Rules
50Originating claim—content etc
Start here
Get a plain-English read of 50
Turn the raw legal text into a practical explanation grounded in Court Procedures Rules.
50 Originating claim—content etc
(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.
• 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.
Rule 50
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
(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.
(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
(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.
(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.
(7) If the relief sought requires the court’s decision or direction on any
question, the originating claim must state the question.
Rule 51