Reading time: 2 minutes

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


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.


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. 


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.


Redundancies and Restructuring: Understanding Your Employer Obligations

Thursday 7 July | 11:00 - 11:45am

If you plan on making a role redundant, it is crucial that you understand your employer obligations. Our free webinar will explain.
Register Now

How to Sponsor Foreign Workers For Your Tech Business

Wednesday 13 July | 11:00 - 11:45am

Need web3 talent for your tech business? Consider sponsoring workers from overseas. Join our free webinar to learn more.
Register Now

Advertising 101: Social Media, Influencers and the Law

Thursday 21 July | 11:00 - 11:45am

Learn how to promote your business on social media without breaking the law. Register for our free webinar today.
Register Now

Structuring for Certainty in Uncertain Times

Tuesday 26 July | 12:00 - 12:45pm

Learn how to structure to weather storm and ensure you can take advantage of the “green shoots” opportunities arising on the other side of a recession.
Register Now

Playing for the Prize: How to Run Trade Promotions

Thursday 28 July | 11:00 - 11:45am

Running a promotion with a prize? Your business has specific trade promotion obligations. Join our free webinar to learn more.
Register Now

Web3 Essentials: Understanding SAFT Agreements

Tuesday 2 August | 11:00 - 11:45am

Learn how SAFT Agreements can help your Web3 business when raising capital. Register today for our free webinar.
Register Now

Understanding Your Annual Franchise Update Obligations

Wednesday 3 August | 11:00 - 11:45am

Franchisors must meet annual reporting obligations each October. Understand your legal requirements by registering for our free webinar today.
Register Now

Legal Essentials for Product Manufacturers

Thursday 11 August | 11:00 - 11:45am

As a product manufacturer, do you know your legal obligations if there is a product recall? Join our free webinar to learn more.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Silje Andersen-Cooke
Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2022 Law Firm of the Year Winner 2022 Law Firm of the Year - Australasian Law Awards