How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42668
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
12124641
Type Your Australia Law Question Here...
Leon is online now
A new question is answered every 9 seconds

I NEED TO DEFEND A SUMMONES IN THE SYDNEY LOCAL COURT AND

Customer Question

I NEED TO DEFEND A SUMMONES IN THE SYDNEY LOCAL COURT AND CHANGE THE MATTER TO BE HEARD IN WESTERN AUSTRLAIA
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
I NEED TO KNOW WHAT FORM I NEED TO COMPLETE AND WHERE TO GET THEM FROM
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

You need to file a change of Venue Notice of Motion to have it transferred.

Here is some information as a guide

http://www.judcom.nsw.gov.au/publications/benchbks/civil/change_of_venue.html

Here is the draft form

http://www.lawaccess.nsw.gov.au/Documents/sample%20notice%20of%20motion%20-%20change%20of%20venue%20(form%2020).pdf

You also need to file an Affidavit which is your evidence

You can download it from the following website

http://www.ucprforms.justice.nsw.gov.au/

All the best

I hope this is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
That is great for the change of location what parameters will alow the change of location as the service was incurred here and WA will that sufficeAlso i need advice on the defence and the required form ?
Customer: replied 1 year ago.
Sorry for not been clear here My change of venue related changing it to another state not another court in Sydney
Expert:  Leon replied 1 year ago.

Usually it is for a change in the same state but you can request the change to a different state.

It is the same process

Arguments that can be used include

Agreement was entered in WA

if the agreement was to be dealt with under WA Law this should be stated

You are in WA

It is a matter where you should get legal advise on the Summons and get assistance in WA to get it prepared and filed.

Customer: replied 1 year ago.
Ok can you provide me the defence forms required please
Expert:  Leon replied 1 year ago.

The forms for the defence are also on the website I sent you.

It lists all the forms

Here it is again

http://www.ucprforms.justice.nsw.gov.au/

Customer: replied 1 year ago.
you did not refer to the defensce only the change of venue can you confirm the correct form is
​7B ​4 ​Defence - filing party acting in person or by authorised officer do i also need to lodge a reason for the defence ?
Expert:  Leon replied 1 year ago.

The form If they are suing you as a company is the one for an authorised officer

If they are suing you as an individual then in person

You reply to their summons in the defence.

The court once it is all filed will then set a timetable and order when you file your evidence.

Related Australia Law Questions