Applying for a judgment

Before you (the plaintiff) can recover money owed to you, you need a judgment in your favour.

In most cases, a magistrate or judge will make a decision after hearing evidence and arguments from both sides.

However, you can apply for a judgment without a full hearing in certain situations, such as if the defendant:

• doesn’t respond to your claim (default judgment)
• files a defence that has no merit or is unlikely to succeed (summary judgment).

This page explains how to apply for a judgment, including how to claim interest and costs.

Which court will hear your matter

Default judgment

If the defendant doesn’t respond to your claim, you (the plaintiff) can apply for a default judgment.

This could be because the defendant failed to file a defence within 28 days of being served or didn’t appear in court.

A default judgment means the court rules in your favour without a hearing because the defendant didn’t contest your claim.

When to apply

There’s no strict time limit for applying, but you should act quickly once the defendant’s 28 day deadline has passed.

How to apply

To apply for a default judgment:

If the amount claimed is known

1. Complete the required forms:
   • Form 25—Request for default judgment
   • Form 26—Default judgment
   • Form 46—Affidavit (UCPR) as the affidavit of service of the original claim
   • Form 46—Affidavit (UCPR) in support of the request for judgment.
2. File the originals and copies of the documents with the relevant court registry or via QCase.

If the amount claimed is not known

Complete and file the same forms as above, plus get additional affidavits (Form 46) from qualified people (e.g. a car repairer for car damage).

These affidavits help the court registrar calculate the damages.

Time limit to apply

You can apply for a default judgment up to one year after serving your claim, if the defendant hasn’t filed a defence.

Contact the court to confirm no defence has been filed.

Keep in the mind that the defendant can file a defence at any time before the judgment is granted.

If the defendant files a defence

If the defendant files a defence after the deadline has lapsed, but before a default judgment has been granted, the court must allow the case to proceed and is not able to grant a default judgment.

Summary judgment

If, after reading through the defence, you believe that the defendant’s case clearly lacks merit or it is unlikely to proceed, you (the plaintiff) may apply for summary judgment.

A summary judgment is where a court decides a case without requiring the parties to go to a full trial. It usually occurs where there is no dispute over the key facts, only over how the law might apply to those facts.

This allows the case to be resolved quickly without a full hearing.

If you’re a defendant applying for a summary judgment

When to apply

There’s no strict deadline, but you should apply as soon as it’s clear the defendant’s defence has no merit or is unlikely to succeed.

How to apply

To request a summary judgment:

1. Complete the required forms:
   • Form 9—Application (UCPR) Clearly state you’re applying for a summary judgment.
   • Form 46—Affidavit (UCPR) Provide details to support your application.
   • A draft order.
2. File the original and two copies of each completed form with the relevant court registry or file via QCase.
3. The court will schedule a hearing and give you two stamped (‘sealed’) copies of your documents.

Serving the defendant

As the plaintiff, you must ensure the defendant receives a sealed copy of your application and affidavit.

These must be given to (‘served on’) the defendant in line with court rules, so they have time to review and respond.

If you don’t serve the documents correctly or on time, your application could be dismissed or adjourned to a future date, which could delay your matter.

At the hearing

If the court accepts your application, a hearing will be held.

Both you and the defendant must attend to present your arguments and evidence.

The court will then decide whether to grant the judgment in your favour.

On the hearing day, bring the original affidavit of service, which shows when and how you served the documents on the defendant.

Claiming interest

You can only claim interest at judgment if you included it when you first filed your claim.

The interest must be either:

• an amount agreed upon in the original contract
• calculated as simple interest under the Supreme Court Act 1995.

When interest starts

If you claimed interest in your original filing, your affidavit should state when the interest began.

If no date is provided, the interest will start from the date your claim was filed with the court.

Calculating interest

If you’re claiming interest, your affidavit must clearly show how the interest has been calculated.

To work out simple interest, use the interest calculator.

Claiming additional costs

When applying for a judgment, you can also claim the following costs related to your original claim:

• fee to file your claim
• service fee—if you paid a licensed commercial agent, process server, or bailiff to serve your claim.

  This fee is governed by law. To claim extra costs, you must provide evidence (e.g. an invoice from the agent).

If you served the claim yourself

If you served the claim yourself, you cannot claim costs for travel or time off work.

If the judgment is in your favour

If the court rules in your favour, you must:

1. Complete the required form:
   • Form 58—Judgment or order (UCPR). This form formally records the court’s decision.
2. File the original and two copies of the completed form with the relevant court registry, or file via QCase.
3. The court will provide a sealed copy of the judgment to you. The court will also notify credit reporting agencies (for your and their records).

What happens next?

If you (the creditor) receive a judgment in your favour, your next step is to recover the debt or damages awarded.

If the debtor doesn’t pay voluntarily, even after the judgment, you may need to take further action to recover the money. For example, you could apply for an:

• enforcement hearing —a court process to determine a debtor’s financial situation and ability to pay a debt
• enforcement warrant —a legal order that allows creditors to recover debts through actions like property seizure or wage garnishment.

For defendants: Applying for a summary judgment

In most money disputes, it’s the plaintiff who applies for a summary judgment.

However, a defendant can also apply if you believe the plaintiff’s claim has no merit or is unlikely to succeed.

To apply, follow the same steps outlined above for summary judgments. You must also serve your application and affidavit on the plaintiff.

If your application is successful, the court may dismiss the plaintiff’s claim.

Legal representation

Plaintiffs and defendants can usually have a lawyer represent them.

The exceptions are cases like minor debt claims, where the Uniform Civil Procedures Rule 1999 may limit legal representation.

If you’re considering civil action, it’s a good idea to seek independent legal advice.

Court assistance

Court staff can help with tasks like filing documents and explaining court procedures, but they cannot:

• give legal advice
• recommend what you should do in your case.

For more details, read what court registry staff can and can’t do.