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Statement of Claim

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STATEMENT OF CLAIM

NetLaw wants to save you money.

We want to provide you with the basic knowhow and the basic documentation to prepare a lot of the case yourself.

Lawyers are charging $250 per hour plus GST and frequently more.

Carry out a lot of the work yourself or, at the very least, you can now research and understand the whole legal process a lot better.

The new District Court Rules came into force 1 November 2009 bringing about a radical change to the District Court process.  The defended witness action is no longer the focal point but is relegated to just one of several possible outcomes.  Focus is on the speedy and inexpensive determination of proceedings and orientated to settlement at an early stage.

We are a little cynical because the so called "speedy" process in the new Rules still abolish summary judgment and impose up to at least 4 X 30 day waiting periods.

The suggested simplification of stating the grounds of your claim could also cause problems because this procedure may tend to hide up the true legal causes of action rather than highlight the legal basis of the claim.  Time will tell.  A good oppurtunity has been lost to bring into play a much easier procedure.

Here is a very helpful link with forms to use.  We repeat it at the bottom of the page so we suggest you read our information first.

DISTRICT COURT CIVIL CLAIMS . . . . .

 

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"Great. See the other topics on Statement of Claim -Some Examples - Graeme - Tauranga"
Feedback/Blogs/Reviews from related topic: ACC
"Hi to Netlaw. I found this a useful overview. I went to the ACC website and found it too difficult to follow. Jim (Dunedin)

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Feedback/Blogs/Reviews from related topic: ACC
"A helpful site. Explained well. Marty - Timaru - January 2007"
Feedback/Blogs/Reviews from related topic: ACC
"I liked you Civil Index. Not much need for family or criminal but you civil index is very good to have at my fingertips. Thanks for providing this service T. (name withheld)"
"Great assistance. I agree with the above. Your civil topics are great. Better than we get at Polytech where I am studying Business Law. Terry -Dunedin - June 2007"
Feedback/Blogs/Reviews from related topic: ACC
"It's not fair that when you win a case you still have to beg a judge to award you costs and even then the award is always less than you have to pay your lawyer. This happened to me. My lawyer told me that there's always two sides to a story but the judge didn't recognise any validity in the other side's claim yet the nett result is that I recover only about 60% of my costs to my lawyer and the other 40% is about half of what I won in the case. That isn't justice. A real pissed off Kevin J. - Auckland - June 2007"
"NETLAW replies. Yes, we agree. What you need to do in these cases is make an Application for "Full and Reasonable Costs" and argue that the Court should (it can) make a full award. You need to convince a Judge that the other side never really has a chance of winning and that it is unfair that you should have to pay any costs. That is the way it is in the UK and Australia. But in New Zealand, it is usually only a percentage of the costs that you get back. That is unfair in many many cases. NETLAW - June 2007"
Feedback/Blogs/Reviews from related topic: ACC
"Bloody useful and practical. I sued for the recovery of money owing to me by a former friend. He owed me &11,000 so I could not use the Disputes Tribunal. I used a simple Statement of Claim. I forgot the Notice of Proceeding and the Court helped me but I then noticed that you had one on Netlaw. Your documents helped me and the Court staff were pretty good too. Cheers . . . Colin Dunedin - May 2007"
Feedback/Blogs/Reviews from related topic: ACC
"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
Feedback/Blogs/Reviews from related topic: ACC
"I got so much from this site. You are right. It is better to "upskill" myself first before paying megabucks to a lawyer just to get an opinion.

I liked access to the case law and the real life submissions. Tim Shadbolt's case was a dag. How much did he get? Bud. Auckland

Thanks a lot . . . Max (Devonport)"

Feedback/Blogs/Reviews from related topic: ACC
"The fact examples or samples really helped me. Your topic also gave me confidence to speak up for myself. My case was a simple car accident but the other driver wouldn't pay and my lawyer was going to charge me $700 just to help. Netlaw allowed me successfully to "go it alone". Thanks. Thanks. I am on to making my own will now. Miriam (and hubbie)"
Feedback/Blogs/Reviews from related topic: ACC
"can i make a complaint if a barrister acting for an applicant for child custody completely and utterly overrides and ignores sworn affidavits by the respondent bulldozes her ignorance through the family court and is so negilent she gets away with it we are at a loss how this can happen how can we have our allegations investigated??"
"Hi Netlaw, I am not sure if this is the right place to ask the following but here goes:

My brother is looking for the best possible family court/criminal lawyer/solicitor that legal aid can buy. He’s looking for a lawyer who will go ‘all out’ for him, advocate strongly on his (and his children’s)behalf and provide desperately needed advice/counsel. This lawyer must also be willing, eager and able to take up a challenge and defend my brother against a breach of a protection order.

A big ask we know (especially since legal aid is mentioned), but we are hoping that some of you gentlemen may know of such lawyers? Or someone who knows someone who might? Is there a contact list, website etc of such lawyers/solicitors that you could direct us to please? We live in Wellington but will canvass New Zealand to find such a person.

We are is running out of time, hence this urgent plea to you all. We would be truly grateful if you can find the time to reply or point us in the right direction.

Many thanks in advance
"

Feedback/Blogs/Reviews from related topic: ACC
"I got so much from this site. You are right. It is better to "upskill" myself first before paying megabucks to a lawyer just to get an opinion.

I liked access to the case law and the real life submissions. Tim Shadbolt's case was a dag. How much did he get? Bud. Auckland"

Feedback/Blogs/Reviews from related topic: ACC
"Dear Netlaw,

I am about to sue a Journalist and APN for "Defaming" my name, I have enough money to pay for a lawyer but I was quoted "$900" and hour by a Barrister, so I said this to myself "Why should I pull money out of my pocket to get Justice for myself against the big News Paper APN" and then I stumbled on to Netlaw. I have put together a solid case as a novice that could MATCH the QC. If you have an interest I hope you follow my case

I have 2 American lawyers on my Staff so it helps to! And they have found the NZ law on your site.

I will be filing b4 May 13 2008 to meet the Statutory 2 year limitation in a defamation suit.. I found that out here! at Netlaw... the proper paper work. etc etc.

here's the defamatory Article

http://www.listener.co.nz/issue/203/features/6071/energy_to_burn.html

here's the defamatory Article

Thank You

Kind Regards

Simon Romana

P.S I will be representing MYSELF

Netlaw responds: Thank you."

Feedback/Blogs/Reviews from related topic: ACC
"Never knew what this meant. Now I do. Needs to be read with your other civil topics on suing people etc. Pete A - Whakatane - May 2007"
Feedback/Blogs/Reviews from related topic: ACC
"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
Feedback/Blogs/Reviews from related topic: ACC
"I got so much from this site. You are right. It is better to "upskill" myself first before paying megabucks to a lawyer just to get an opinion.

I liked access to the case law and the real life submissions. Tim Shadbolt's case was a dag. How much did he get? Bud. Auckland"

Feedback/Blogs/Reviews from related topic: ACC
"A fun topic. I can remember when I was a lawyer's secretary. He had a wee figurine of a barrister on his desk with a sign on it saying "Sue The Bastards" but, then, he should know because he was a bastard too, but a very good lawyer. (name withheld)"
Feedback/Blogs/Reviews from related topic: ACC
"Bloody Hell! You provide us with the documentation as well! This is great stuff. I will still use a lawyer but I now have enough information to make some informed decisions myself.
Kevin M - Hamilton"

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