Practice & procedure > Claims for possession of land

Claims for possession of land

     

About claims for possession of land

A claim for possession of land commences when someone files a Statement of Claim in the Supreme Court's Possession List.

This page is designed to provide tailored procedural guidance to people who:

  • have filed, or intend to file, a statement of claim for possession of land at the Supreme Court
  • have been served with a statement of claim for possession of land
  • would like to find organisations offering free, or pro bono, legal advice, or free access to legal information resources
  • are conducting legal research into the Court's Possession List.

Court procedures

Legislation

The legislative instruments governing applications in the Possession List are the Civil Procedure Act 2005and the Uniform Civil Procedure Rules 2005. Once you access these legislative instruments on the Legislation NSW website, you can use the "Search Title" function to search for legislative provisions and rules relevant to "possession". For example, if you wanted to search the Uniform Civil Procedure Rules to locate rules that include the exact phrase "possession of land", you would click on the "Search title" menu option and then enter "possession of land" into the "Exact phrase" field, and the search would only return Rules that feature these three words. You could also try an Exact Phrase search for "Possession List", or simply "Possession".

Forms

The following forms may be helpful in Possession matters.

You may download all the UCPR forms listed below from the Civil Forms page on the UCPR website.

UCPR Form 3A - Statement of Claim - filing party legally represented
UCPR Form 3B - Statement of Claim - filing party acting in person or by authorised officer
UCPR Form 7A - Defence - filing party legally represented
UCPR Form 7B - Defence - filing party acting in person or by authorised officer
UCPR Form 20 - Notice of Motion
UCPR Form 36 - Notice of motion - default judgment on claim for possession of land
UCPR Form 36A - Notice of motion - default judgment on claim for possession of land and liquidated claim
UCPR Form 40 - Affidavit
UCPR Form 41 - Affidavit of Service
UCPR Form 43 - Judgment or order
UCPR Form 59 - Notice of motion - writ for possession of land
UCPR Form 60 - Writ for possession of land
UCPR Form 65 - Notice of motion - writ for levy of property
UCPR Form 66 - Writ for levy of property
UCPR Form 93 - Possession of Land coversheet
Short Form of Statement of Claim for service on defendants who are borrowers/mortgagors (Annexure 1 of Practice Note SC Gen CL 6 - Possession List)

Fees

The current filing fees are available here. Please note that there is no filing fee payable on a Notice of motion seeking default judgment on a claim for possession of land/land and liquidated claim, or a writ for the levy of property.

Sources of legal assistance

Caselaw research

The Caselaw database contains Court of Appeal judgments delivered after 1988, and Supreme Court judgements handed down after 1999. The "Power search" and "Advanced search" functions in Caselaw allow you to confine your search results to decisions that concern the possession of land. For example, in the Advanced Search function, you could enter "possession of land" into the "With the phrase" field; this search will only return judgments that concern the possession of land.

Statistical information

The Court publishes statistical data and analysis in its Annual Review. Researchers should bear the following in mind when considering the information published in the Annual Review:

  • the number of filings in the Supreme Court Possession List is not equal to the number of cases in which writs of possession are issued. Information concerning the number of writs issued or executed is available from the Office of the Sheriff.
  • cases in the Possession List can involve any type of land, eg unimproved land and land used for residential, commercial or investment purposes. The Supreme Court has no information regarding the type of land involved, its location, or the types of lenders who commence proceedings.

Those seeking more detailed statistical data from the Court may apply under its Policy on the Release of Data, Information and Statistics.

Accessing information about specific cases in the Possession List

 

Disclaimer

As with all assistance provided by the Court, this page offers procedural guidance only; you should not interpret this page as offering legal advice in response to your specific legal problem.

If you are in any way unsure about how to apply this guidance to your own legal problem, you need to seek legal advice from an independent legal practitioner.

The Court cannot help you decide how to pursue or protect your interests through litigation as this would compromise its impartiality.