Default judgment is judgment entered by one party (let’s call them Party A) against another party (let’s call them Party B) where Party B has failed to defend a claim that has been brought by Party A.

Typically this occurs in debt recovery cases where a party realises the significance of a Statement of Claim but fails to file a defence (or respond) to the Claim within the time period provided.

What happens once  default judgment is given?

Once a default judgment is obtained, a party can commence enforcement action against you – this can include the sheriff seizing your personal property, bankruptcy or obtaining an order to sell your house.

If you receive a Statement of Claim, make sure you deal with it promptly – either by paying the debt (if they are claiming a debt), negotiating with the claimant or by filing a defence. The time period to file a defence is 28 days from the date you are served with the Claim.

It’s too late! I have default judgment against me, what now?

If you have default judgment against you, the first step is to negotiate with the other party or their lawyer to see if they will consent to having the default judgment set aside.   In some instances, they will agree to it, on the proviso that you pay some of their costs.

If they don’t agree to this, then you need to file an application (sometimes known as a notice of motion) with the Court. This application should be made as quickly as possible.

Filing a Default Judgment application

Making an application to set aside default judgment involves the filing of the application with an affidavit (statement) explaining:

  • why you didn’t respond to the Claim promptly;
  • that you have a defence to the claim; and
  • why you would like the judgment to be ‘set aside’.

Drafting an Affidavit

Ideally, your affidavit should also attach a copy of your draft defence so the Court can see that you have an arguable defence to the claim.

Motion Hearing

The matter will then proceed to a motion hearing where the Court will hear submissions from each party and then decide whether the default judgment will be set aside. If you are successful, then the Court will allow you the opportunity to file your defence and the matter will proceed to an eventual hearing.


LegalVision has experienced litigation lawyers who can assist with applications of this nature. Get in touch with the firm today on 1300 544 755 and our Client Care Team will guarantee a free legal health check and fixed-fee quote for any services you may be considering. We look forward to assisting you!

COVID-19 Business Survey
LegalVision is conducting a survey on the impact of COVID-19 for businesses across Australia. The survey takes 2 minutes to complete and all responses are anonymous. We would appreciate your input. Take the survey now.

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. For just $199 per month, membership unlocks unlimited lawyer consultations, faster turnaround times, free legal templates and members-only discounts.

Learn more about LVConnect

Emma George
Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • By submitting this form, you agree to receive emails from LegalVision and can unsubscribe at any time. See our full Privacy Policy.
  • This field is for validation purposes and should be left unchanged.
Our Awards
  • 2019 Top 25 Startups - LinkedIn 2019 Top 25 Startups - LinkedIn
  • 2019 NewLaw Firm of the Year - Australian Law Awards 2019 NewLaw Firm of the Year - Australian Law Awards
  • 2020 Fastest Growing Law Firm - Financial Times APAC 500 2020 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2020 Law Firm of the Year Finalist - Australasian Law Awards 2020 Law Firm of the Year Finalist - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer
Privacy Policy Snapshot

We collect and store information about you. Let us explain why we do this.

What information do you collect?

We collect a range of data about you, including your contact details, legal issues and data on how you use our website.

How do you collect information?

We collect information over the phone, by email and through our website.

What do you do with this information?

We store and use your information to deliver you better legal services. This mostly involves communicating with you, marketing to you and occasionally sharing your information with our partners.

How do I contact you?

You can always see what data you’ve stored with us.

Questions, comments or complaints? Reach out on 1300 544 755 or email us at

View Privacy Policy