Tools: Difference between revisions

From Road Traffic Injury
 
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== Statement of claim calculator ==
== Statement of claim calculator ==


[https://roadtrafficinjury.net/statement-of-claim-3b-calculator.php Statement of Claim Form 3B calculator] estimates the main amounts that may be included when preparing a NSW Statement of Claim.
[https://roadtrafficinjury.net/statement-of-claim-3b-calculator.php Statement of Claim Form 3B calculator] estimates the principal amount of a civil claim, interest and the main filing and service costs that may be associated with starting proceedings in NSW.


The calculator is based on the official [https://ucprforms.nsw.gov.au/documents/pdf/ucpr_form_3b_v6.pdf Form 3B – Statement of Claim]. It is an estimate only and does not determine whether a claim will succeed or what amount a court will ultimately award.
The calculator is based on the official [https://ucprforms.nsw.gov.au/documents/pdf/ucpr_form_3b_v6.pdf Form 3B – Statement of Claim]. It is an estimate only. It does not determine whether a claim will succeed, whether interest will be awarded, or which costs a court will ultimately allow.


=== How the calculator works ===
=== How the calculator selects the court ===


The calculator uses the amount of the claim, the type of claim and the filing party to estimate the court and applicable fees.
The calculator uses the claim type and amount to select the likely court:


* General civil claims up to $100,000 are generally dealt with in the Local Court.
* General civil claims up to $100,000: Local Court.
* General civil claims between $100,001 and $1,250,000 are generally dealt with in the District Court.
* General civil claims above $100,000 and up to $1,250,000: District Court.
* Motor accident and work injury claims may be dealt with in the District Court regardless of the amount claimed.
* General civil claims above $1,250,000: Supreme Court.
* Claims above $1,250,000 may require consideration of the Supreme Court or a jurisdictional extension.
* Motor accident and work injury claims: District Court regardless of the amount claimed.
* A District Court proceeding above $1,250,000 may be possible in limited circumstances, such as where the applicable consent or jurisdictional rule is satisfied. The correct court should be confirmed before filing.
 
=== Calculator fields ===


{| class="wikitable"
{| class="wikitable"
! Field
! Field
! What it means
! Description
! How the calculator uses it
! How the calculator uses it
! Information source
! Source
|-
|-
| '''Amount of claim'''
| '''Amount of claim'''
| The principal amount of damages being claimed, excluding interest, filing fees and service fees.
| The principal amount of damages claimed, before adding interest, filing fees, service fees or solicitors fees.
| Used to calculate interest, select the likely court and calculate the total.
| Used to calculate interest, select the likely court and calculate the total.
| [https://ucprforms.nsw.gov.au/documents/pdf/ucpr_form_3b_v6.pdf Official Form 3B]
| [https://ucprforms.nsw.gov.au/documents/pdf/ucpr_form_3b_v6.pdf Form 3B – Statement of Claim]
|-
|-
| '''Claim type'''
| '''Claim type'''
| Identifies whether the claim is a general civil claim, motor accident claim or work injury claim.
| General civil claim, motor accident claim or work injury claim.
| Helps determine the likely court jurisdiction.
| Determines whether the Local Court, District Court or Supreme Court is likely to apply.
| [https://districtcourt.nsw.gov.au/about-us/jurisdiction.html District Court jurisdiction]
| [https://districtcourt.nsw.gov.au/about-us/jurisdiction.html District Court jurisdiction]
|-
| '''Court'''
| The court selected automatically from the claim type and amount.
| General civil claims above $1,250,000 are directed to the Supreme Court by the calculator.
| [https://districtcourt.nsw.gov.au/about-us/jurisdiction.html NSW court jurisdiction information]
|-
|-
| '''Filing party'''
| '''Filing party'''
| The person or organisation filing the claim, such as an individual or corporation.
| The person or organisation filing the claim, such as an individual or corporation.
| Filing fees may be different for individuals and corporations.
| Filing fees differ between individuals and corporations.
| [https://districtcourt.nsw.gov.au/locations-forms-fees/forms-fees/civil-jurisdiction-forms-and-fees.html District Court fees]
| [https://districtcourt.nsw.gov.au/locations-forms-fees/forms-fees/civil-jurisdiction-forms-and-fees.html District Court fees] / [https://supremecourt.nsw.gov.au/practice-procedure/filing-fees.html Supreme Court fees]
|-
|-
| '''Interest'''
| '''Interest'''
| Estimated pre-judgment interest calculated on the amount of the claim.
| Estimated pre-judgment interest on the amount of the claim.
| Uses the selected start date, end date and the NSW published interest rates. The result is an estimate only.
| Uses the selected start date, end date and NSW published interest-rate periods. This is an estimate and interest is not automatically awarded.
| [https://olsc.nsw.gov.au/content/dcj/ctsd/localcourt/local-court/about-us/jurisdictions0/civil-jurisdiction/interest-rates.html NSW interest rates] and [https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-0028#sec.100 Civil Procedure Act 2005, section 100]
| [https://olsc.nsw.gov.au/content/dcj/ctsd/localcourt/local-court/about-us/jurisdictions0/civil-jurisdiction/interest-rates.html NSW interest rates] and [https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-0028#sec.100 Civil Procedure Act 2005, section 100]
|-
|-
| '''Filing fees'''
| '''Filing fees'''
| The fee paid to the court when the claim is filed.
| The fee paid to the court when the claim is lodged.
| Calculated according to the likely court, claim type and filing party. Court fees may change each financial year.
| Calculated automatically according to the selected court and filing party. The rates may change each financial year.
| [https://districtcourt.nsw.gov.au/locations-forms-fees/forms-fees/civil-jurisdiction-forms-and-fees.html District Court fees] and [https://designsystem.dcj.nsw.gov.au/content/dcj/ctsd/localcourt/local-court/locations--lists-and-forms/forms-and-fees/fees.html Local Court fees]
| [https://designsystem.dcj.nsw.gov.au/content/dcj/ctsd/localcourt/local-court/locations--lists-and-forms/forms-and-fees/fees.html Local Court fees], [https://districtcourt.nsw.gov.au/locations-forms-fees/forms-fees/civil-jurisdiction-forms-and-fees.html District Court fees] and [https://supremecourt.nsw.gov.au/documents/Forms-and-Fees/FEES/Fee-Schedules/Fees_1_July_2026.pdf Supreme Court fees from 1 July 2026]
|-
|-
| '''Service fees'''
| '''Service fees'''
| The cost of serving the filed documents on the defendant.
| The cost of serving the filed documents on the defendant.
| May include Sheriff service per address and attempt, postal service or a private process server fee.
| May include NSW Sheriff service, Local Court postal service or a private process server quotation.
| [https://dcj.nsw.gov.au/content/dcj/nsw-sheriffs-office/nsw-sheriffs-office-home/civil-enforcement/fees.html NSW Sheriff's Office fees]
| [https://dcj.nsw.gov.au/content/dcj/nsw-sheriffs-office/nsw-sheriffs-office-home/civil-enforcement/fees.html NSW Sheriff's Office fees]
|-
|-
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|-
|-
| '''Total'''
| '''Total'''
| The estimated amount of the claim plus interest, filing fees, service fees and solicitors fees.
| The amount of the claim plus interest, filing fees, service fees and solicitors fees.
| Adds the amounts shown in the calculator.
| Adds all amounts shown in the calculator.
| This is an estimate and should be checked before filing.
| This is an estimate and should be checked before filing.
|}
|}


'''Filing fees''' are paid to the court to lodge the claim. '''Service fees''' are paid to serve the court documents on the defendant. They are separate costs.
'''Filing fees''' are paid to the court to lodge the claim. '''Service fees''' are paid to serve the court documents on the defendant. They are separate costs.
=== Current filing fee examples ===
The calculator currently uses the following originating-process filing fees:
{| class="wikitable"
! Court
! Individual
! Corporation
|-
| Local Court – General Division
| $370
| $740
|-
| Local Court – Small Claims Division
| $179
| $358
|-
| District Court
| $1,119
| $2,240
|-
| Supreme Court
| $1,443
| $3,949
|}
Court fees can change. The official fee schedule should always be checked before filing.


=== Official forms and information ===
=== Official forms and information ===
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* [https://onlineregistry.lawlink.nsw.gov.au/content/how-to-file-statement-of-claim How to file a Statement of Claim]
* [https://onlineregistry.lawlink.nsw.gov.au/content/how-to-file-statement-of-claim How to file a Statement of Claim]
* [https://districtcourt.nsw.gov.au/about-us/jurisdiction.html NSW District Court jurisdiction]
* [https://districtcourt.nsw.gov.au/about-us/jurisdiction.html NSW District Court jurisdiction]
* [https://courts.nsw.gov.au/about-us/about-the-courts-and-tribunals.html NSW courts and jurisdiction information]
* [https://designsystem.dcj.nsw.gov.au/content/dcj/ctsd/localcourt/local-court/locations--lists-and-forms/forms-and-fees/fees.html NSW Local Court fees]
* [https://districtcourt.nsw.gov.au/locations-forms-fees/forms-fees/civil-jurisdiction-forms-and-fees.html NSW District Court civil fees]
* [https://districtcourt.nsw.gov.au/locations-forms-fees/forms-fees/civil-jurisdiction-forms-and-fees.html NSW District Court civil fees]
* [https://designsystem.dcj.nsw.gov.au/content/dcj/ctsd/localcourt/local-court/locations--lists-and-forms/forms-and-fees/fees.html NSW Local Court fees]
* [https://supremecourt.nsw.gov.au/practice-procedure/filing-fees.html NSW Supreme Court filing fees]
* [https://supremecourt.nsw.gov.au/documents/Forms-and-Fees/FEES/Fee-Schedules/Fees_1_July_2026.pdf Supreme Court fee schedule from 1 July 2026]
* [https://dcj.nsw.gov.au/content/dcj/nsw-sheriffs-office/nsw-sheriffs-office-home/civil-enforcement/fees.html NSW Sheriff's Office fees]
* [https://dcj.nsw.gov.au/content/dcj/nsw-sheriffs-office/nsw-sheriffs-office-home/civil-enforcement/fees.html NSW Sheriff's Office fees]
* [https://olsc.nsw.gov.au/content/dcj/ctsd/localcourt/local-court/about-us/jurisdictions0/civil-jurisdiction/interest-rates.html NSW court interest rates]
* [https://olsc.nsw.gov.au/content/dcj/ctsd/localcourt/local-court/about-us/jurisdictions0/civil-jurisdiction/interest-rates.html NSW court interest rates]

Latest revision as of 01:58, 30 September 2026

When I asked my solicitor how loss of income is calculated the closest answer to explanation was "it is complicated". From what I learned later is that it is simple and straight forward. These tools are based on my experience.

While we put our best effort to ensure that calculation is correct we are not specialist in this area, so please have it checked by specialist before using calculators results in your matter.

Calculators (examples):

User restricted:

Income loss calculator

Interest calculator

Claim calculator

Calculator. Examples:

Forms and applications

Form 3B – Statement of Claim

is the NSW court form used when the person filing the claim is acting in person rather than being legally represented.

The official PDF can be downloaded here:

Personal Injury Commission – Pathway Portal

Motor accident disputes before the Personal Injury Commission (PIC) are generally lodged through the Commission's online Pathway Portal. The portal is used to complete applications, upload supporting documents, communicate with the Commission and access information about the dispute.

Legal fees calculator

Legal fees calculator - estimates the legal fees that you can get back after completing your claim.

Any legal dispute may incur some costs. If you go to court or tribunal some legal fees often are covered by the party that loses. There is a strict regulation of maximum of reimbursed legal fees for personal injury claims. Unfortunately, Livers, my solicitor at that time, did not informed me at that time nor he submitted a request to compensate legal fees, so I got less than I was entitled to. To check what I got and what I could have got I created legal fees calculator.

Here is an example of use of legal fees calculator based on my case. There is a calculation of fees that I got and what I could have got if Livers, my solicitor, did his job.

The allowed maximums are based on Motor Accidents Compensation Regulation 2020.


Statement of claim calculator

Statement of Claim Form 3B calculator estimates the principal amount of a civil claim, interest and the main filing and service costs that may be associated with starting proceedings in NSW.

The calculator is based on the official Form 3B – Statement of Claim. It is an estimate only. It does not determine whether a claim will succeed, whether interest will be awarded, or which costs a court will ultimately allow.

How the calculator selects the court

The calculator uses the claim type and amount to select the likely court:

  • General civil claims up to $100,000: Local Court.
  • General civil claims above $100,000 and up to $1,250,000: District Court.
  • General civil claims above $1,250,000: Supreme Court.
  • Motor accident and work injury claims: District Court regardless of the amount claimed.
  • A District Court proceeding above $1,250,000 may be possible in limited circumstances, such as where the applicable consent or jurisdictional rule is satisfied. The correct court should be confirmed before filing.

Calculator fields

Field Description How the calculator uses it Source
Amount of claim The principal amount of damages claimed, before adding interest, filing fees, service fees or solicitors fees. Used to calculate interest, select the likely court and calculate the total. Form 3B – Statement of Claim
Claim type General civil claim, motor accident claim or work injury claim. Determines whether the Local Court, District Court or Supreme Court is likely to apply. District Court jurisdiction
Court The court selected automatically from the claim type and amount. General civil claims above $1,250,000 are directed to the Supreme Court by the calculator. NSW court jurisdiction information
Filing party The person or organisation filing the claim, such as an individual or corporation. Filing fees differ between individuals and corporations. District Court fees / Supreme Court fees
Interest Estimated pre-judgment interest on the amount of the claim. Uses the selected start date, end date and NSW published interest-rate periods. This is an estimate and interest is not automatically awarded. NSW interest rates and Civil Procedure Act 2005, section 100
Filing fees The fee paid to the court when the claim is lodged. Calculated automatically according to the selected court and filing party. The rates may change each financial year. Local Court fees, District Court fees and Supreme Court fees from 1 July 2026
Service fees The cost of serving the filed documents on the defendant. May include NSW Sheriff service, Local Court postal service or a private process server quotation. NSW Sheriff's Office fees
Solicitors fees Estimated legal fees charged by a solicitor. Entered manually because the amount depends on the costs agreement, work performed and any costs order. Uniform Civil Procedure Rules 2005
Total The amount of the claim plus interest, filing fees, service fees and solicitors fees. Adds all amounts shown in the calculator. This is an estimate and should be checked before filing.

Filing fees are paid to the court to lodge the claim. Service fees are paid to serve the court documents on the defendant. They are separate costs.

Current filing fee examples

The calculator currently uses the following originating-process filing fees:

Court Individual Corporation
Local Court – General Division $370 $740
Local Court – Small Claims Division $179 $358
District Court $1,119 $2,240
Supreme Court $1,443 $3,949

Court fees can change. The official fee schedule should always be checked before filing.

Official forms and information