A statement of claim is not the plaintiff’s evidence, correspondence file, or opening submission. It is the disciplined statement of the material facts which, if proved, establish each element of the cause of action and justify the relief sought.
In Queensland it is ordinarily attached to a Form 2 claim, filed with it, and served on every defendant. Poor pleading can obscure a sound case; a missing material fact can leave no complete cause of action.
When is a statement of claim required in Queensland?
Under UCPR r 9, a proceeding must be started by claim unless the Rules require or permit an application. A claim proceeding is the ordinary vehicle where substantial facts are disputed, and the plaintiff seeks final relief after a trial. Rule 22(2)(b) requires a statement of claim to be attached to the claim. The claim and attachment operate together: the Form 2 gives the originating-process information and short description; Form 16 contains the pleaded case.
Applications are different. UCPR rr 10–11 deal with proceedings that must or may begin by application, including where the main issue is one of law and a substantial factual dispute is unlikely, where there is no opposing party, or where urgent relief leaves insufficient time to prepare a claim. Those proceedings are commonly supported by affidavit evidence rather than pleadings. Even then, the court may order an application to continue as a claim and direct that pleadings be delivered under r 14.
The express scope provision is r 145. Part 1 of Chapter 6 applies to a proceeding started by claim and to an application proceeding where the court orders pleadings to be served. The choice between claim and application is therefore not a formatting preference. Starting by the wrong process can produce directions, delay and costs, even though rr 13–14 give the court power to regularise the proceeding.
What is the purpose of a statement of claim?
Its job is to define the plaintiff’s case. The defendant must be able to see what facts are alleged, which causes of action arise from them and what remedy is sought. That definition drives the defence, disclosure, requests for particulars, evidence, trial preparation and the issues the court will decide. For the wider procedural framework, see our complete guide to pleadings and particulars in Queensland.
A pleading is also a boundary. Litigation does not become a free-ranging inquiry into everything that went wrong between the parties. A plaintiff who proves a grievance but has not pleaded the material facts constituting a recognised cause of action may still fail. Conversely, pages of factual detail do not cure the omission of one indispensable fact.
Approved forms and formal requirements for a Queensland statement of claim
The approved statement-of-claim form is Form 16—Statement of claim. It is attached to Form 2—Claim. Practitioners should always download the current form from Queensland Courts rather than reusing an old precedent, as approved forms and filing channels change.
The pleading itself must comply with UCPR r 146(1). It must state the proceeding number and description, be filed and state the filing date, be signed by the solicitor or self-represented party, use consecutive page numbering, and be divided into consecutively numbered paragraphs and any necessary subparagraphs. So far as practicable, each paragraph should contain a separate allegation. If counsel settled the pleading, counsel’s name must appear. Under r 146(2), a pleading other than a reply must also carry the prescribed notice about the time for a responsive pleading.
The general document-layout rules in r 961 require A4 format, adequate margins and type no smaller than 10 point, with corresponding requirements for electronic documents. The originating process must carry the plaintiff’s or solicitor’s contact and address-for-service details under r 17, state any representative capacity under r 18, and be signed under r 19.
| Document | Function | Core check |
| Form 2—Claim | Starts the proceeding when issued; briefly states the nature of the claim or relief. | Correct court, registry, parties, jurisdiction, address for service, warning and signature. |
| Form 16—Statement of claim | Pleads the plaintiff’s material facts, causes of action and relief. | Numbered allegations, every element, required particulars, statutory provisions and prayer for relief. |
| Sealed service copy | Notifies each defendant of the issued proceeding. | Serve the sealed claim and attached statement of claim by the legally effective method. |
| Proof of service | Establishes when and how service occurred. | Affidavit or other proof identifies the documents, recipient, method, place, date and time. |
One allegation per paragraph is more than cosmetic
A paragraph containing contract formation, three terms, two breaches, loss, and a legal conclusion makes a proper response unnecessarily difficult. The defendant can admit one proposition and deny another. Separating allegations also exposes gaps: once each element has its own factual foundation, the drafter can see whether a necessary link is missing.
How to draft a statement of claim: start with the cause of action
Do not start by turning the client’s chronology into numbered paragraphs. Start with the law. For each cause of action, write down its elements and the facts needed to establish them. Only then decide the most intelligible order in which to plead those facts.
A conventional breach-of-contract claim will usually require facts establishing the parties, formation and consideration, the relevant express or implied terms, the plaintiff’s performance or readiness and willingness where material, the defendant’s identified breach, causation and recoverable loss.
A negligence claim requires a different map: the facts supporting the duty, the content of that duty, breach, causation, scope of liability and damage. A statutory claim must identify the specific provision relied on, as required by r 149(1)(e), and plead facts bringing the case within it.
| Drafting question | What belongs in the pleading | What usually belongs elsewhere |
| What must be true for this cause of action to succeed? | Every material fact necessary to establish every element. | Legal research notes and advice explaining why the facts satisfy the law. |
| What does the defendant need to answer? | Clear allegations, necessary particulars and matters that might cause surprise. | Witness statements, interview notes and document commentary. |
| How will the allegation be proved? | Usually only the material fact, not the proof. | Emails, invoices, photographs, expert opinions and oral testimony, unless their terms are themselves material. |
| What should the court order? | Each substantive remedy, damages, interest and costs sought. | Argument about why discretion should be exercised, ordinarily reserved for evidence and submissions. |
Material facts, not a compressed witness statement
The controlling rule is r 149(1). Each pleading must be as brief as the case permits, state all material facts relied on but not the evidence by which they will be proved, specifically state matters that might otherwise cause surprise, identify the relief claimed and identify any statutory provision relied on. Rule 149(2) permits a legal conclusion or point of law only where the supporting material facts are also pleaded.
A material fact is one necessary to formulate the complete cause of action or answer a matter that must fairly be exposed. Evidence is the material used to prove that fact. Argument asks the court to draw a conclusion from the facts and law. The categories can overlap at the edges, but the drafting discipline remains useful. Documents expressly mentioned in a pleading may also engage the separate inspection procedure explained in our guide to Rule 222 and documents referred to in pleadings.
Real-world example: contract formation
Suppose a builder accepted a signed quotation by commencing work and later issued three progress invoices. The material allegation may be that, on a stated date, the owner and builder entered a written contract comprising the quotation and identified conditions, under which the builder agreed to perform specified work for an identified price. The signed quotation, project emails, commencement evidence and invoices may prove formation and terms. Reproducing every email exchange in the pleading usually pleads the proof instead of the ultimate fact. If the mode of acceptance is disputed and legally material, you may need to plead and particularise more of that sequence.
Real-world example: causation and loss
A software supplier misses a contractual delivery date. It is not enough to plead that the customer lost $400,000 “by reason of” delay. If the claimed loss is profit from a launch that would otherwise have occurred, the pleading should expose the material counterfactual: the planned launch date, ability and intention to launch, the sales opportunity, why timely delivery was necessary, what happened because delivery was late, and how the pleaded heads of loss flow from that sequence. The spreadsheet modeling revenue is evidence. The factual basis of the lost opportunity and causal link belongs in the pleading.
Specific matters, particulars, damages and interest
After mapping the elements, check r 150(1). It lists matters that must be specifically pleaded, including breach of contract or trust, every type of damage, fraud, estoppel, illegality, interest, misrepresentation, knowledge or intention, negligence, performance, release, undue influence and waiver. Under r 150(2), facts from which one of those matters is to be inferred must also be pleaded. A bare allegation that a company “knew” something, without identifying the natural person and facts supporting the inference where those matters are material, invites a pleading challenge.
Particulars perform a related but different task. Rule 157 requires particulars necessary to define the trial issues, prevent surprise, and enable the opposite party to plead and support a matter specifically pleaded under r 150. Particulars add definition; they do not substitute for an omitted material fact. If it is inconvenient to include the required particulars in the pleading, r 160 permits a separate document mentioned in, filed with, and served with the pleading.
Damages deserve careful treatment. Rule 150(1)(b) requires every type of damage claimed to be specifically pleaded. Rule 155 requires the nature and amount of damages, and for general damages the nature of the loss, the exact circumstances in which it was suffered and the basis of calculation or estimate. Payment or liability items require particulars under r 158. Interest claims must plead the principal amount, rate, commencement date and calculation method under r 159, subject to its exceptions. We examine these issues in more detail in our guide to damages in commercial litigation in Queensland.
Pleading judgments and court orders under UCPR r 148
A party may plead the fact and legal effect of an earlier judgment or order where it is material—for example, where a prior judgment is said to create an estoppel, establish a debt or form part of the factual basis for relief. Rule 148 imposes a specific production obligation when a judgment is pleaded. If another party asks for a copy, the pleading party must deliver it within 10 days. Non-compliance permits the court to order that the pleading be struck out or amended.
The rule should not be expanded beyond its text. It does not require annexing every judgment mentioned in a pleading at filing. Nor does it create an equivalent blanket rule for every interlocutory court order. The pleader should identify the court, date, proceeding and operative result sufficiently for the allegation to be understood, then comply promptly with a request under r 148. If the legal effect of an order rather than a judgment is itself a material fact, plead that fact accurately and keep the sealed order ready; ordinary particulars, disclosure and case-management directions may require its production.
Case examples: what Queensland courts expect from a statement of claim
Sanrus Pty Ltd v Monto Coal 2 Pty Ltd (No 4) [2019] QSC 199
In Sanrus Pty Ltd v Monto Coal 2 Pty Ltd (No 4) [2019] QSC 199 at [11], Bond J described the fundamental task of a plaintiff’s statement of claim: to state the material facts which, if proved, establish the cause of action and entitlement to relief. The decision draws the useful line between stating and particularising material facts, on one hand, and stating the evidence by which they will be proved, on the other. It also recognises that a matter liable to cause surprise may sometimes require additional detail.
The practical lesson is not “always plead less”. It is to plead with a reason. Every allegation should either establish an element, supply required particularity, avoid surprise or support relief. Include evidence only where the rules or the character of the issue genuinely require it.
Pipeworks Australia v Betcop Pty Ltd [2015] QSC 284
In Pipeworks Australia v Betcop Pty Ltd as trustee for the Watts Family Trust [2015] QSC 284 at [56], Burns J criticised a critical allegation as thick with legal conclusion but thin in material facts. The pleading asserted that acts were done “in breach” of a share sale agreement without identifying the contractual obligations allegedly breached. The relevant paragraphs were struck out with leave to replead.
That is a recurring drafting failure. “The defendant breached the contract” is a conclusion. A proper pleading identifies the relevant term, alleges the act or omission, and states how that conduct was inconsistent with the obligation. Particulars supplied later will not always rescue a missing material allegation in the pleading itself.
Relief claimed in a Queensland statement of claim
The prayer for relief should be drafted with the same care as liability. Rule 149(1)(d) requires the party to state specifically the relief claimed, subject to r 156, which preserves the court’s power to grant general or other relief not expressly claimed. That safety net is not a reason to use a vague prayer. The defendant is entitled to know the case’s practical endpoint.
Depending on the cause of action, relief may include a debt or damages, declarations, specific performance, an injunction, restitutionary relief, possession, an account, interest and costs. Ensure the court has power to grant each order, the pleaded facts support it, and any discretionary remedy is supported by facts relevant to the discretion. Identify alternative remedies where they cannot coherently be obtained together.
Do not confine damages to a line in the prayer. The factual loss, each type of damage and the causal pathway should appear in the body, with the required particulars. The prayer then asks for the resulting amount or assessment, interest on the pleaded basis, costs and any other properly available orders.
How to file and serve a statement of claim in Queensland
Under r 22(3), the Form 2 claim and attached Form 16 statement of claim must be filed and then served on each defendant. The proceeding starts when the court issues the originating process under r 8. Filing must occur in the court and registry with jurisdiction, accompanied by the prescribed filing fee unless an exemption or waiver applies.
Available filing methods depend on the court, location and the filer. Queensland Courts publishes current guidance for Supreme and District Courts electronic lodgment and Magistrates Court civil electronic filing. At the date of this article, eligible practitioners may lodge Brisbane Supreme Court civil claims through the Online Services Portal, while other channels and registry arrangements vary. Self-represented parties should check the current court guidance rather than assume the practitioner portal is available to them.
Once issued, serve sealed copies of both documents. Rule 105(1) ordinarily requires personal service of originating process, subject to the Rules and other applicable laws. The method differs for individuals, corporations, firms, persons under legal incapacity, the State and defendants outside Queensland. Service after 4.00 pm is taken to occur the next day under r 103.
A claim remains in force for one year from filing under r 24(1). Renewal is possible on the conditions in r 24, but it should not be treated as routine protection against delay. After service, retain proper proof. The Queensland Courts’ money-recovery filing and service guide explains the basic registry process and how to use an affidavit to prove service.
Filing is not the end of the limitation analysis
Before filing, check the applicable limitation period and every statutory precondition. Personal injury, building, consumer, corporations and other statutory regimes may impose notices, certificates, compulsory conferences, leave requirements or special time limits. Filing the correct-looking forms cannot cure using the wrong party, an expired cause of action, or failure to satisfy a mandatory pre-litigation step.
Common statement-of-claim drafting mistakes
- Pleading the story instead of the cause of action. A long chronology may feel complete while omitting formation, duty, breach, causation or loss. Element mapping should precede narrative drafting.
- Pleading evidence. Quoting every email, attaching a correspondence history or reciting what each witness will say obscures the allegations the defendant must answer.
- Pleading conclusions without facts. Words such as “breached”, “negligently”, “fraudulently” or “as agent” do not themselves plead the material facts supporting those conclusions.
- Leaving the causal link implicit. “As a result” is not a substitute for material facts explaining how the alleged wrong produced each head of loss, particularly where the case depends on a counterfactual.
- Failing to identify the statutory provision. A broad reference to an Act does not comply with r 149(1)(e) where a statutory claim is relied on.
- Using particulars to fill a missing element. Particulars refine a pleaded material fact; they should not be used as an external store for the indispensable facts constituting the claim.
- Under-pleading damages and interest. Every type of damage, the basis of calculation, and the facts relevant to causation and assessment require attention. Interest must be pleaded on the basis required by r 159.
- Overloaded paragraphs. Compound paragraphs frustrate admissions and denials and often conceal internal inconsistency.
- Wrong party or capacity. A trading name is not necessarily a legal person. Trust, partnership, corporate, deceased-estate and representative claims require exact identification and capacity.
- Vague relief. A plaintiff should not leave the defendant and court to infer the intended orders from the narrative.
- Ignoring inconsistent alternatives. Alternative cases are permissible under r 154, but they must be identified as alternatives rather than pleaded as simultaneous inconsistent facts.
- Treating acceptance for filing as approval. The registry’s acceptance does not decide whether the pleading discloses a reasonable cause of action or complies substantively with the Rules.
Consequences of a defective statement of claim
Under r 171, the court may strike out all or part of a pleading that discloses no reasonable cause of action, prejudices or delays a fair trial, is unnecessary or scandalous, is frivolous or vexatious, or is otherwise an abuse of process. The rule also permits indemnity costs. Less dramatic defects still generate requests for particulars, amendments, interlocutory applications, delay and avoidable costs. Our separate guide explains when pleadings and particulars may be struck out in Queensland and the consequences that can follow.
A strike-out application is not the only risk. The plaintiff may be prevented from advancing an unpleaded case at trial, evidence may be excluded as outside the pleaded issues, default judgment may be unavailable for relief not properly supported, or an amendment may attract a costs order and limitation dispute. Drafting economy is valuable; drafting incompleteness is not.
Plaintiff’s pre-filing checklist for a Queensland statement of claim
- Is a claim the correct originating process?
- Does the selected court and registry have jurisdiction?
- Are every plaintiff and defendant correctly named, with capacity stated where necessary?
- Is each cause of action legally available and within time?
- Does every element have at least one pleaded material fact?
- Are legal conclusions supported by pleaded facts?
- Have matters required by rr 149–150 been stated specifically?
- Are necessary particulars included without turning the pleading into evidence?
- Are causation, each head of loss, damages and interest properly pleaded?
- Is every substantive remedy supported by the facts and claimed in the prayer?
- Does Form 16 comply with r 146 and document layout requirements?
- Are the current Form 2 and Form 16 used, signed and ready to be filed together?
- Is there a valid service plan for each defendant and a method of proving service?
A final drafting principle
The strongest statement of claim is rarely the longest one. It is the pleading in which the cause of action can be traced, without guesswork, from material facts to legal consequence to relief. A defendant can answer it paragraph by paragraph. The judge can understand what must be decided. The solicitor can build disclosure of evidence around defined issues rather than an undisciplined history of the dispute.
This article is general information about Queensland civil procedure. The correct originating process, causes of action, parties, limitation periods and relief depend on the facts and applicable legislation. Legal advice should be obtained before proceedings are commenced.
Frequently Asked Questions About Statements of Claim in Queensland
What is a statement of claim in Queensland?
A statement of claim is the pleading in which a plaintiff sets out the material facts relied upon to establish a cause of action and entitlement to relief. It tells the defendant what case to answer and helps define the issues for disclosure, evidence, and trial. It is not a witness statement, evidence bundle or written submission.
When is a statement of claim required in Queensland?
A statement of claim is ordinarily required when a civil proceeding is commenced by claim. Under r 9 of the Uniform Civil Procedure Rules 1999 (Qld), a proceeding must be started by claim unless the UCPR requires or permits it to be started by application. Rule 22(2)(b) requires the plaintiff to attach a statement of claim to the claim.
Which form is used for a statement of claim in Queensland?
A plaintiff should use Form 16—Statement of Claim. The statement of claim is attached to Form 2—Claim. Obtain the current approved forms from Queensland Courts rather than copying from an old proceeding or precedent.
What must be included in a Queensland statement of claim?
The statement of claim must contain all material facts necessary to establish every element of each cause of action. It should also identify any statutory provision relied upon, state matters that could otherwise take the defendant by surprise, provide required particulars and specify the relief claimed. Allegations should be divided into consecutively numbered paragraphs, with each paragraph containing a separate allegation so far as practicable.
What is the difference between material facts and evidence?
Material facts are the essential facts that must be proved for the plaintiff’s cause of action to succeed. Evidence is the material used to prove those facts, such as contracts, emails, invoices, photographs and witness testimony. Under r 149(1)(b) of the UCPR, the pleading must state the material facts but not the evidence by which those facts will be proved.
Can a statement of claim plead legal conclusions?
A legal conclusion may be pleaded, but it cannot replace the supporting material facts. For example, alleging that a defendant “breached the contract” is not enough by itself. The pleading should identify the relevant contractual obligation, the act or omission constituting the breach, and the resulting loss. Rule 149(2) expressly requires the material facts supporting any pleaded conclusion or point of law.
How should damages and interest be pleaded?
You must specifically plead every type of damage claimed. The statement of claim should explain the nature of the loss, the circumstances in which it was suffered, the causal connection with the defendant’s conduct and the basis upon which the amount has been calculated or estimated. An interest claim should identify the amount on which interest is claimed, the applicable rate, the date from which interest runs and the calculation method required by r 159.
How is a statement of claim filed and served in Queensland?
The Form 2 claim and attached Form 16 statement of claim must be filed together in the court with jurisdiction to determine the dispute. After the court issues the claim, you must serve sealed copies of both documents on every defendant. Originating process ordinarily requires personal service under r 105, although different rules may apply to companies, governments, persons under legal incapacity and defendants outside Queensland.
How long does a plaintiff have to serve a statement of claim?
Under r 24(1) of the UCPR, a claim remains in force for one year beginning on the day it is filed. Because the statement of claim is attached to and served with the claim, the sealed documents should ordinarily be served within that period. A claim may be renewed in qualifying circumstances, but renewal should not be treated as a substitute for prompt service.
What happens if a statement of claim is defective?
The defendant may request further particulars, seek amendments or apply to strike out all or part of the pleading. Under r 171, a pleading may be struck out if it discloses no reasonable cause of action, prejudices or delays a fair trial, is unnecessary or scandalous, is frivolous or vexatious, or is otherwise an abuse of process. A defective pleading can also cause delay, adverse costs orders and difficulty relying on an unpleaded case at trial.
