How to respond to an originating claim (from 1 April 2022)

Before you respond

Before you respond to an OC, make sure you:

• Understand the civil process begun by an originating claim.
• Understand the details in the originating claim served on you.

You may choose to file the documents personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.

If you are representing yourself, you must file the documents through eLitigation at the LawNet and CrimsonLogic Service Bureau.

You must follow the Rules of Court 2021 and the State Court Practice Directions 2021 or the Supreme Court Practice Directions 2021 to prepare your documents before heading down personally to do the filing.

Ways to respond

You can respond to an OC in the following ways.

The party who filed the claim against you is the claimant.

You are the defendant.

Estimated fees

Refer to the following to find out the possible fees to file the documents. You may also refer to the Fourth Schedule of the Rules of Court 2021 for the full list of court fees.

Third-party proceedings

You, as the defendant, may apply to the court to add a person as a third party to a civil action after you have filed the notice of intention to contest or not contest if any of the following applies:

• You claim that the person who is not already a party to the action should be made to indemnify you or contribute towards the claimant’s claim.
• You claim against such a person any relief or remedy relating to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the claimant.
• You require that any question or issue relating to or connected with the original subject matter of the action should be determined not only as between the claimant and you but also as between either or both and person not already a party to the action.

This is known as a third-party proceeding. In third-party proceedings, you will be known as the claimant and the third party will be known as the defendant.

Apply for permission of court

You will need to apply for permission of court before issuing a notice on the third party (third party notice).

The permission of court must be made by summons without notice prepared in accordance with Form 22 of Appendix A of the Supreme Court Practice Directions 2021 or Form 22 of Appendix A2 of the State Courts Practice Direction 2021, supported by an affidavit stating:

• The nature of the claim made by the original claimant in the action.
• The stage which proceedings in the action have reached.
• The nature of your claim or particulars of the question or issue required to be determined and the facts on which your proposed third party notice is based.
• The name and address of the person to be issued the third party notice.

If the court grants permission, you can then issue a third party notice prepared according to:

• Form 20 or Form 21 (whichever is appropriate) of Appendix A of the Supreme Court Practice Directions 2021 if your matter is heard in the General Division of the High Court; or) if your matter is heard in the General Division of the High Court; or
• Form 20 or Form 21 (whichever is appropriate) of Appendix A2 of the State Courts Practice Directions 2021 if your matter is heard in the District Court.

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