Refer to Start a civil claim by Writ of Summons instead if either of the following applies to your case:
A default judgment (or a judgment in default) is a judgment made by the court against a party because they failed to do something. For example, failing to file a document required by the court within a given period of time.
Depending on the nature of your claim, a default judgment can be:
If you are the party starting a claim (the plaintiff) against the other party (the defendant), you can enter a default judgment against the defendant:
A default judgment will not be entered automatically if the defendant fails to file and serve an MOA or defence.
You will have to file a request or seek leave (permission) to enter a default judgment against the defendant and state that the defendant has either failed to file an MOA or their defence within the prescribed time limits.
You will need to prepare the following before you file the request to enter a default judgment:
You may choose to file the documents personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.
If you are representing yourself, you must file the documents via eLitigation at the LawNet & CrimsonLogic Service Bureau.
You must follow the Rules of Court and the State Courts Practice Directions to prepare your documents before heading down personally to do the filing.
Refer to the following to find out the possible fees for filing a request to enter a default judgment. You may also refer to Appendix B of the Rules of Court for the full list of court fees.
In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Item | Fees |
---|---|
File a request to enter a default judgment | $40 |
Item | Fees |
---|---|
File a request to enter a default judgment | $60 |
If the requirements for the entry of default judgment are satisfied, the court will generally grant the default judgment.
If the defendant does not agree with the default judgment, they may apply to the court to set aside or vary the default judgment.
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out moreFile an originating process and pleadings
File a request for a default judgment, if needed
Attend court for pre-trial matters
Attend court for trial
Attend court for post-trial matters