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.