QLD Statement of claim not filed

[JJay]

A statement of claim has been received that had a note stating it would be filed the following day. A filed copy has not been issued to me and there are no dates or time limitations on the un-filed copy I have.

Do I wait to receive the filed copy or do I file defence on an un-filed statement of claim.

 

[Rob Legat - SBPL]

Don't respond to an un-filed statement of claim. Either wait until you're served, or if you're not keen on waiting, call the court and see whether the document has actually been filed and request a copy.

 

[JJay]

Can you please advise. With a magistrates court Qld, following the receipt of a reply to defence, what action does the defendant do after they receive the reply to defence. Thank you.

 

[Rob Legat - SBPL]

It depends on the circumstances... For example:
- If they've raised anything new in their response, look to file a response to those new points.
- If they haven't provided sufficient particulars of their claim, ask for further and better particulars.
- If there are problems with their claim, such as being patently wrong or seeking an outcome the court can't give, make an application for summary judgment.
- If parts of their claim are problematic, make an application to strike out those parts.
- If their case is good, but yours isn't - make an offer to settle.
- If nothing else, get your materials together and look towards discovery.