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Common questions

Default judgment

What is a default judgment?

This is a judgment given in favour of the plaintiff because the defendant has failed to file a notice of intention to defend. It can only be set aside if the defendant can give a good explanation of why they have not complied with the rules.

Can I apply for a default judgment?

When the defendant doesn’t file a Form 4 - Notice of intention to defend (UCPR), you, as the plaintiff, may be entitled to a default judgement.

However, this is not an automatic entitlement and depends on the type of claim you are lodging.

You may wish to seek legal advice before you commence legal proceedings to help you to decide on the best course of action.

How do I apply for a default judgment?

  1. File a Form 2 – Claim (UCPR) and a Form 16 – Statement of claim (UCPR) at the court registry.

    Serve copies of these forms on the defendant.

  2. File a Form 25 – Request for default judgment (UCPR):
  • after 28 complete days from service of your claim on the defendant, and
  • when a notice of intention to defend has not been filed.

What documents do I need to claim a specific sum of money?

The following documents should be filed for a default judgment for a specific amount of money:

  • the original affidavit of service on Form 46 – Affidavit (UCPR)
  • Form 25 – Request for default judgment (UCPR)
  • the original affidavit in support of the request for judgment on Form 46 – Affidavit (UCPR)
  • two copies of the judgment.

Am I entitled to a copy of the default judgment?

Once a registrar has approved the application for a default judgment, you will be given a sealed copy of the judgment document for your records.

The original will be retained with the court file to allow enforcement action to be taken against the defendant if necessary.

Can I claim interest on a default judgment?

Interest can only be claimed at the time of judgment if it was included in the original claim. It can’t be an arbitrary amount.

The amount of interest is decided:

If interest is being claimed, your affidavit will need to indicate the period of time and interest charged.

If no date is included, the interest allowed will be taken from the date of filing the cliam at the court.

The Form 46 - Affidavit in support of request for default judgment (UCPR) should clearly show how the interest has been calculated.

Summary judgment

What is summary judgment?

Summary judgment is a judgment made by the court after a defence has been filed.

An application for summary judgment is usually made when you believe that the plaintiff’s/defendant’s case has no real prospect of succeeding or being defended.

Your application for summary judgment must be served on the defendant along with supporting documentation. The judgment will then be determined by the court after hearing arguments from both parties.

Last reviewed
22 June 2011
Last updated
6 June 2014

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