The registrar should not give default judgment if the other party has not lodged a statement of defence in some situations in a general procedure claim involving an application to have the claim struck out. If you apply for a default judgment, you can also ask for an order for any costs you have because they did not comply. does not follow the requirements of the Magistrates Court (Civil Proceedings) Act 2004 (WA), the rules of court, court orders or directions.did not attend, or if they did not have to attend, their lawyer fails to go to a status conference, or.fails to go to a pre-trial conference, or.lodged and served a statement of defence or a statement of defence and counterclaim as required by the rules, or.a party does not attend a pre-trial conference.does not lodge and serve a response within 14 days of receiving a claim, or.In a consumer/trader minor case claim, if a party does not attend a status conference (or pre-trial conference).You can ask the court for default judgment:
When can I ask the court for default judgment? What is a default judgment?ĭefault judgment is when judgment is given in your favour without a trial, usually because the other party has not done something within the required time frames. If a judgment has been made against you and you don't understand, or you don't have money to pay, you should get legal advice. The party who the judgment is made against, who owes the money, is the judgment debtor.
The party who judgment is made in favour of is called the judgment creditor. A judgment debt is the amount awarded to be paid under a court order. Once a court judgment has been made, it can be enforced if the other party does not follow it. The court's decision is called a judgment.