ARTICLE · 01 DECEMBER 2022

What is a Default Judgment and how do I respond?

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If you do not file a notice of appearance or defence in a proceeding, a default judgment may be entered against you.

AustraliaLitigation, Mediation & Arbitration

Catherine Ballantyne

Default Judgments

What is a Default Judgment and how do you respond?

If you do not file a notice of appearance or defence in a proceeding, then a default judgment may be entered against you/your company.

It is extremely important to comply with the Court time frames, especially for filing a Notice of Appearance or Defence – you should never ignore Court proceedings.

What is a default judgment?

A default judgment is an order made by the Court without the need for a trial or a hearing.

What are the consequences of a default judgement?

If a default judgment is not set aside, the order stands.

This means that if you do not comply with the order (pay the amount ordered) in certain circumstances you may be made bankrupt or your company wound up.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Madgwicks is a member of Meritas, one of the world's largest law firm alliances.

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