How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick H. Your Own Question
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5421
Experience:  Dip Law LPAB - Sydney based lawyer
Type Your Australia Law Question Here...
Patrick H. is online now
A new question is answered every 9 seconds

How do I apply to get a default judgment set aside

Customer Question

How do I apply to get a default judgment set aside
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Hello and thank you for your question.

You need to file an application in the relevant court to have the default judgment set aside and the reasons why it should be set aside, along with an affidavit confirming any facts relevant to the application.

Strict time limits generally apply, (e.g. in the magistrates court you have 21 days to apply to have a default judgment set aside:

I would strongly recommend that you engage a lawyer to assist you with such an application, however, as drafting the application and affidavit is not a straight forward matter. The Notice of Motion and Affidavit must be in the proper form, use proper pleadings and comply with the rules of evidence or it may be struck out on a technical basis, and you may only get one shot at drafting these documents. Moreover, if you are unsuccessful you will very likely be ordered to pay the other parties legal costs of your application in addition to the default judgment amount.

If you need help locating a suitable lawyer, contact the WA Law Society as they can refer you to suitable lawyers in your area:

I trust the above assists.



Expert:  Patrick H. replied 1 year ago.


I note it has been some time since I povided my answer to you, but you haven't rated my answer yet and am wondering if there is anything further I can do for you to ensure a positive rating.