Chapter 17

Preparing the case for hearing

In each of courts, tribunals and arbitrations, the following general steps are followed in preparing a case for hearing.

Stage 1: starting the dispute — statement of claim

This is the document that kicks off the court, tribunal or arbitration proceedings. It may also be called a points of claim. In jurisdictions that still use more old-fashioned language, it may also be called a writ. It should have four general sections (although it may not be marked clearly in sections in this way):

1 identifying who the parties are and whether they are corporations, individuals or some other type of legal entity

2 setting out the facts in relation to the claim (for a breach of contract it will be necessary to set ...

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