This article outlines a glossary to some of the terms you may have read throughout the Guide to the NSW Local Court Process.

Pleadings

Pleadings are the facts that you are relying on to prove your case. 

For example, if you are alleging that somebody owes you money under a loan agreement that they entered into with you, the pleadings would include that you had either a written agreement or an oral contract (or a mixture of a partly written and partly oral contract) to the effect that you were providing a loan.

Particulars 

The particulars will include all the details surrounding the facts outlined in the pleadings, including:

  • the date and time the agreement was made; and
  • the substance of the agreement. 

It has to be sufficiently detailed enough so that the other side can understand the claim you are making against them. It is not necessary to set out all the evidence which you are using to prove the claim.

Notice of Motion

A Notice of Motion is a written request for the court to make an order about any number of things. Notices of Motion are used while the case is underway. Putting on a Notice of Motion involves: 

  • filling out the relevant form;
  • annexing a supporting affidavit; and 
  • filing it at the relevant court. 

Affidavit

An affidavit is a written account of someone’s evidence or statement of facts that support the case they are making. Affidavits are provided by the parties to the case, and often by various witnesses who have knowledge of facts, matters and circumstances that support one side.

Affidavits must contain the witness’s own first-hand knowledge and should be drafted with the assistance of a lawyer. Once finalised, an affidavit is then sworn or affirmed by you and witnessed by your lawyer before it is filed with the court.

Affidavit of Service

An affidavit of service is an affidavit confirming that a claim has been served to the defendant. This affidavit must be sworn or affirmed by the person who served the claim. Therefore, service is normally completed by process servers, who are professionals in this area. They are required to confirm in the affidavit that they personally served the documents on the other side and witnessed them taking the documents.

COVID-19 Business Survey
LegalVision is conducting a survey on the impact of COVID-19 for businesses across Australia. The survey takes 2 minutes to complete and all responses are anonymous. We would appreciate your input. Take the survey now.

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. For just $199 per month, membership unlocks unlimited lawyer consultations, faster turnaround times, free legal templates and members-only discounts.

Learn more about LVConnect

Silje Andersen-Cooke
Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • By submitting this form, you agree to receive emails from LegalVision and can unsubscribe at any time. See our full Privacy Policy.
  • This field is for validation purposes and should be left unchanged.
Our Awards
  • 2019 Top 25 Startups - LinkedIn 2019 Top 25 Startups - LinkedIn
  • 2019 NewLaw Firm of the Year - Australian Law Awards 2019 NewLaw Firm of the Year - Australian Law Awards
  • 2020 Fastest Growing Law Firm - Financial Times APAC 500 2020 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2020 Law Firm of the Year Finalist - Australasian Law Awards 2020 Law Firm of the Year Finalist - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer
Privacy Policy Snapshot

We collect and store information about you. Let us explain why we do this.

What information do you collect?

We collect a range of data about you, including your contact details, legal issues and data on how you use our website.

How do you collect information?

We collect information over the phone, by email and through our website.

What do you do with this information?

We store and use your information to deliver you better legal services. This mostly involves communicating with you, marketing to you and occasionally sharing your information with our partners.

How do I contact you?

You can always see what data you’ve stored with us.

Questions, comments or complaints? Reach out on 1300 544 755 or email us at info@legalvision.com.au

View Privacy Policy