Making a claim in court

What is this resource?

This resource provides a general overview of the relevant jurisdictions and types of claims to a private roads dispute.

If the road user or the owner of the road does not wish to participate in Alternative Dispute Resolution, or they have been unable to reach an agreement via Alternative Dispute Resolution, they can initiate legal action.

This resource does not contain extensive information on how to prepare the claims.

This resource includes:

• Commencing a claim as a landowner
• Commencing a claim as a neighbour or other party using the private road, where:
  • they have suffered harm
  • they have not suffered harm but have an easement and require the road to be repaired
  • they have not suffered harm and do not have an easement, or the right to one.
• Drafting statements of claim

Commencing a claim as a landowner

A landowner may bring various claims against a road user to recover the costs payable in proportion to the terms of the relevant easement for access.

If a road user does not hold a registered easement over the road then they are not required to contribute to the costs of repair. If this is the case, the landowner may prohibit their use of the road by erecting gates or otherwise prohibiting entry.

Claims of less than $10,000 are brought and heard in the Small Claims Division of the Local Court. Small claims proceedings are conducted with far less formality than most other civil proceedings and the costs involved in commencing proceedings and litigating a dispute are much smaller.

Claims greater than $10,000 may be brought in the Local, District or Supreme Courts, depending on the monetary value of the claim.

Commencing a claim as a road user

Statements of claim

A statement of claim is a written statement that sets out the facts of the case and what it is your client is seeking. 

You can use this statement of claim form where the filing party is legally represented:

You can use this statement of claim form where the filing party is acting in person or by an authorised officer:

The best way to draft a statement of claim is to write a series of numbered short paragraphs, each containing a separate fact that is central to the claim. If the statement of claim does not accurately outline the claim, or if parts of the claim are inadequate or do not comply with the rules, the court may decide to throw out part of the claim or the whole claim in its entirely.

How to make a referral for pro bono legal assistance

Justice Connect connects eligible individuals, small business owners and primary producers and community organisations affected by disasters like floods, bushfires, cyclones, and other extreme weather events, with free legal help.