General Claim - Serving Dociments

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Hiteshvarsani

Member
22 May 2021
4
0
1
My neighbour has taken me to the local Magistrates Court in Perth WA, The magistrates have set a trial date and asked the claimant (my neighbour) to lodge and serve a general procedure statement of claim on or before 21st May 2021.

My question is, is he meant to have served it to me directly by this date?

Any advise would be great.

Thanks

Hitesh
 

Jaywoo220

Well-Known Member
11 November 2019
397
5
589
Yes, by that date. Please see below.

What is service?
Once you have lodged your claim at the court, it needs to be served on the defendant. A separate service copy and response copy of the claim form must be provided for each defendant you have joined.

The court will serve the defendant in minor case consumer/trader claims.

How do I serve an person?
To properly serve documents on a person, you must hand the documents:

directly to the person
to their parent, guardian or litigation guardian if the person is a child or has a legal disability
to someone at the person's usual or last known place of residence/business who is reasonably believed to be an adult
to someone who is authorised in writing to receive documents for the person, or
to an agent or lawyer who is acting for the person.
If a person (or their parent/guardian/litigation guardian) refuses to take the documents, you can serve them by telling them about the nature of the claim and the documents, and leaving the documents somewhere in their presence (for example, on a table or on the ground in front of them).

If serving the claim as described above will be too expensive or too difficult, get legal advice.
 

Hiteshvarsani

Member
22 May 2021
4
0
1
Yes, by that date. Please see below.

What is service?
Once you have lodged your claim at the court, it needs to be served on the defendant. A separate service copy and response copy of the claim form must be provided for each defendant you have joined.

The court will serve the defendant in minor case consumer/trader claims.

How do I serve an person?
To properly serve documents on a person, you must hand the documents:

directly to the person
to their parent, guardian or litigation guardian if the person is a child or has a legal disability
to someone at the person's usual or last known place of residence/business who is reasonably believed to be an adult
to someone who is authorised in writing to receive documents for the person, or
to an agent or lawyer who is acting for the person.
If a person (or their parent/guardian/litigation guardian) refuses to take the documents, you can serve them by telling them about the nature of the claim and the documents, and leaving the documents somewhere in their presence (for example, on a table or on the ground in front of them).

If serving the claim as described above will be too expensive or too difficult, get legal advice.
Thanks for the reply, so in essence I can ask the court to throw his claim out? In short the neighbour has removed our dividing fence without giving me notice, he then put a new fence in and now wants me to pay the cost or him removing the fence and putting a new one in. He is saying I damaged the fence and wants to claim in full?
 

Jaywoo220

Well-Known Member
11 November 2019
397
5
589
You can apply to have the claim struck out or dismissed, but they can also ask the court for additional time to file the claim.

When is the hearing date?
 

Jaywoo220

Well-Known Member
11 November 2019
397
5
589
From wa legal aid

Is there a time limit on serving the claim?
You must serve the claim as soon as possible. It must be served within one year after it has been lodged and at least five clear days before the hearing of the application.