How long do I have to serve a statement of claim or summons (originating process) in the District Court?
If the defendant is located within New South Wales, you have one month from the date of filing to serve your statement of claim or summons, known as originating process. If the defendant, or one of the defendants, is located outside New South Wales, you are allowed six months from the date of filing to serve originating process. See Uniform Civil Procedure Rules 2005 for further information. If your statement of claim is for a debt or liquidated demand, Practice Note Civil 14 provides that the plaintiff or the plaintiff’s solicitor can apply to the registrar for an extension of the time for service of the statement of claim for a period up to 6 months after commencement. This request must be made in writing at the time of filing of the statement of claim, and signed by the plaintiff or by the solicitor for the plaintiff. Refer to Practice Note for more information.
