Default Judgement

Question 1

How do you obtain a default judgement for money claims with specified and unspecified sums?

Answer 1

Specified sum - Claimant files a request for judgement. The court will make a judgement for the amount sought, fixed costs and interest accrued to date of judgement.

Unspecified sum - Claimant files a request for judgement. The court will enter judgement for a sum to be decided at a later hearing.

Can be dealt with on paper.

Question 2

How do you obtain a default judgement for non-money claims?

Answer 2

Claimant must apply for a default judgement hearing to be listed at court.

Question 3

When can interest on a specified amount of money be included on a default judgement?

Answer 3

• claim included details of the interest.
• statutory interest is claimed, it is no higher than the rate for judgement debts at the time the claim form was issued.
• request for judgement includes the calculation of interest claimed to the date of judgement.

In any other case, the interest will be decided by the court.

Question 4

Who can ask for a default judgement be set aside and how is it decided?

Answer 4

• On application by the defendant or by the court of its own motion. The purpose if to avoid injustice.
• Normally decided at a hearing unless the claimant agrees to the set aside.

Question 5

When may the court set a default judgment aside?

Answer 5

If the judgement was correctly entered &
- the defendant has a REAL PROSPECT of successfully defending the claim; ⚖️
OR
- the court thinks there is another good reason. 🥳
(the court will consider delay.⏱️)

Question 6

What is a default judgement?

Answer 6

Cases where the defendant has failed to respond to the claim.