In some circumstances, the plaintiff (the person or company making a claim against you) will commence court action at a Local Court in NSW that is a fair distance away from you. It may be in a different part of the city or another town from where you live. If Court action is commenced in a Local Court that is far away from where you live or work, you can request a change of venue. This fact sheet describes how to do this.

If the Local Court is reasonably close to you, you will probably not be successful in changing Local Courts.

NOTE: If court proceedings have been commenced against you in another state (and you live in NSW) GET LEGAL ADVICE.

What can I do to request that court proceedings be moved to a Local Court closer to me?

To make this request you must:

• Complete and lodge a Notice of Motion to Transfer Local Court Proceedings (being Form 59 http://www.lawlink.nsw.gov.au/ - follow the links to Local Court and court forms).
• Complete and lodge an Affidavit to support your Notice of Motion to Transfer Local Court Proceedings (being Form 62 http://www.lawlink.nsw.gov.au/ - follow the links to Local Court and court forms).
• File a defence. See Fact Sheet: Filing A Defence .

All of the above forms must be lodged within 28 days of the date you receive the Statement of Claim.

How do I complete a Notice of Motion to transfer Proceedings in the Local Court?

Fill in the details as prompted by the form

Under the heading "orders sought" you are required to state the venue you wish the proceedings to be transferred to. To find out which Local Courts are in your area you should ring your nearest Local Court which can be located in the White Pages.

Under the heading "affidavit details" the form prompts you to name the venues of local courts that are closest to you and to explain why you believe the change of venue is necessary or that it is more appropriate for your case to be heard at the other court.

For example under point 4, you are asked to name the Local court nearest to:

(a) where you live (including where you lived when the proceedings started if that was different to where you currently live)

(b) where your place of business is or where you are employed, and again if this is different from when the proc eedings started

(c) where the cause of action for the proceedings started

Example: You signed a contract for a mobile phone, but the phone never worked. You work in Parramatta, you live in Penrith and bought a phone at your local shopping centre. If you were sued in the Downing Centre Local Court in Sydney, you would apply to transfer the matter to the Penrith Local court.

The affidavit would look like:

1. I am the [defendant].

2. I believe that the information contained in this affidavit is true.

3. These proceedings have not been commenced in an appropriate Local Court.

4. The appropriate Local Courts for the purposes of rulle 44.1(1) of the Uniform Civil Procedure Rules 2005 are:

(a) [Penrith], which is the Local Court nearest to the place where I am resident

(b) [Penrith], which is the Local Court nearest to the place where I was resident at the time the cause of action in the proceedings arose

(c) [Penrith], which is the Local Court nearest to the place where the cause of action in the proceedings arose.

Then you will need to have it signed by yourself and a witness. This section may be supplemented by reasons you state in Form 62 - your affidavit. See above for details.

What do I do next?

Step 1: A Defendant can apply to change the location where the proceedings are to be heard by filing a Notice of Motion supported by an affidavit within 28 days of being served with the Statement of Claim. After completing the form you will need to take the form to a Justice of the Peace or Solicitor to swear or affirm the truth of the document and then sign it in front of them.

Step 2: Make 2 copies of the Notice of Motion to transfer Local Court and Affidavit.

Step 3: Take the Notice of Motion to transfer Local Court, Affidavit and Defence to your Local Court. There is no fee to do this. The Local Court will stamp all of the forms and keep the original copy and give the rest of the stamped forms back to you.

Step 4: Immediately post the following to the Plaintiff:

• One copy of the stamped Notice of Motion to transfer Local Court and Affidavit; and
• One copy of the stamped Defence

Step 5: Keep the third copy of each document for your own records.

What happens after the forms have been lodged in the Local Court?

The Plaintiff has 28 days to file a notice either:

• Selecting another court venue (listed at point 6 of Notice of Motion to transfer Local Court); or
• Denying that any of the Court venues you have nominated are appropriate and requesting that the Venue stay the same.

The Court will then decide in which Court it is appropriate for the case to be heard.

The Form that the person you owe a debt to will use to oppose a change of venue is known as Form 60- Notice specifying or Opposing appropriate Local Court.

See Also Fact Sheet: Filing a Defence .