A Letter of Intent Small Claims Court is a crucial preliminary document in the Australian legal system, used when a party intends to initiate legal proceedings in a small claims jurisdiction. This document is particularly relevant when dealing with disputes falling within the monetary limits of small claims tribunals (typically up to $25,000, varying by state) and is handled through state-based Civil and Administrative Tribunals. The letter serves multiple purposes: it formally notifies the recipient of impending legal action, provides a final opportunity for dispute resolution before court proceedings, and creates a documented record of the attempt to resolve the matter. It should be used after informal resolution attempts have failed but before formally filing with the tribunal, and must include specific details about the dispute, claimed amounts, and proposed resolution.
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1. Sender and Recipient Details: Full legal names and addresses of both parties, including ABN/ACN if applicable
2. Date: The formal date of the letter
3. Subject Line: Clear identification that this is a Letter of Intent regarding Small Claims Court action
4. Statement of Intent: Clear declaration of intention to commence legal proceedings in Small Claims Court if matter remains unresolved
5. Description of Dispute: Concise summary of the dispute, including relevant dates, amounts, and key events
6. Prior Communication: Summary of previous attempts to resolve the dispute
7. Remedy Sought: Specific detail of the compensation or action being sought
8. Timeline: Deadline for response and intended date for filing court action
9. Closing and Signature: Formal closing, signature block, and contact details for response
1. Settlement Proposal: Optional section offering terms for settling the dispute before court action - include when there's willingness to negotiate
2. Mediation Proposal: Suggestion for mediation as an alternative to court action - include when mediation might be beneficial
3. Without Prejudice Save as to Costs: Legal protection clause - include when making settlement offers
4. Legal Authority: Reference to specific laws or regulations - include when strengthening the legal basis of the claim
5. Reservation of Rights: Statement preserving legal rights - include when wanting to explicitly maintain all legal options
1. Schedule A - Evidence: Copies of relevant documents, contracts, or correspondence supporting the claim
2. Schedule B - Calculation of Claim: Detailed breakdown of amounts claimed, including interest calculations if applicable
3. Schedule C - Timeline of Events: Chronological listing of relevant events and communications related to the dispute
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