Sample points of claim
This documents shows an example points of claim for a case about a goods and services dispute. This is also known as a ‘particulars of claim’.
For a dispute about a product or service, a points of claim must state important facts about the issue, such as:
- what was purchased or sold
- if a promise made in an agreement made was broken
- if a representation made was misleading
- whether there was a written agreement or whether an agreement was made in a phone call or conversation, or in a letter or email or text message
- what is actually wrong with what was purchased (for example, there was a defect or what was supplied was not what was advertised for sale)
- if a service (or item) was supplied but not paid for, and how much is owed
- what order the applicant wants VCAT to make (for example, an order against the respondent to pay money owing or to pay compensation for loss or damages)
- where compensation is claimed, how the applicant calculated the loss or damage they incurred.