Default judgment is a step in the litigation process where the plaintiff applies to the Court for judgment if the defendant fails to take a step such as file a notice of intention to defend, a defense or appear in Court.
This article is to assist those who want to know how to apply for judgment by default ( Default Judgment) in Queensland. While the other States and Territories have similar provisions, we will focus on the Uniform Civil Procedure Rules 1999 (Qld) (UCPR).
Applying for Default Judgment in QLD
Pursuant to rule 137 of the UCPR, a Notice of Intention to Defend must be filed within 28 days of the claim being served. Further rule 139 of the UCPR states that the defence must also be attached to the Notice of Intention to Defend.
Sections 283-290 of the UCPR provides that a plaintiff may seek Default Judgment if the defendant has not filed a notice of intention to defend or a defence.
To apply for default judgment in Queensland, the plaintiff must complete and file a form 25 – Request for Default Judgment. The Default Judgment may apply for a liquidated amount in the application, for an amount to be determined, or assessed by the Court (unliquidated damages) and also apply for interest on the amount.
When applying to the Court, it is critical that this document is properly drafted by a lawyer and filed in the Court registry.
If someone has made an application for default judgment in Queensland, you can apply to have that application set aside. To do this you must file an application to set aside default judgment.