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What steps need to be taken to start a civil case?

  • You need to take certain steps to start a civil case.  
  • First you must contact your court or a lawyer to find out exactly which forms need to be filled in.
  • Generally you will need to prepare a ‘writ’ and a statement of claim.
    • The writ is the document that formally starts the case. The statement of claim provides the court and other party with information about your claim.
    • Once these documents have been filed with the court then they need to be served on the defendant.
  • Remember that in some states and territories you must go to mediation or conciliation before you can file documents to commence proceedings.
  • Your court registry or a lawyer can give you more information about these procedures. Our free Find a Lawyer directory can help you get in touch with an experienced civil litigation lawyer near you.

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