Default Judgment (Form 21)

If a defendant served with a claim does not file a defence within 21 days after service, or another time fixed by the Court, the claimant may enter default judgment on filing an affidavit of service (r 116(1) of the Magistrates Court (Civil Division) Rules 1998 (Tas)). Default judgment is entered by filing a document in the approved form at the registry in the district where the action was commenced or transferred to (r 116(2)). Form 21 is that document. For a debt or liquidated sum, or the cost of property repairs or loss, the judgment states the amount claimed, fixed costs under Schedule 1, and interest at the prescribed rate (r 117). For other claims the claimant gets judgment for damages to be assessed at a hearing (r 119).

When you need it

• You served the claim more than 21 days ago and the defendant has not filed a defence.
• You have the original claim and a completed affidavit of service, including the postal receipts if you served by registered post.
• Default judgment is not available on a counterclaim, interpleader or third party claim (r 116(3)).

1. 1

   Heading

   Enter the court address, action number and parties as on the claim.

2. 2

   Filing and service details

   Give the date the claim was filed, the process the judgment is entered on (the claim), and the date it was served, matching the affidavit of service.

3. 3

   Choose the judgment

   Keep the paragraph that applies and delete the others: a sum plus costs (debt or liquidated claim), damages to be assessed, possession of land with costs to be assessed, or other terms.

4. 4

   Work out the amount

   For a liquidated claim include the amount claimed, costs under Part 3 of Schedule 1, interest at the prescribed rate (for a debt from when it was due, for repairs or loss from the date of filing) and the service costs in item 14 of Part 1 of Schedule 1 (r 117(1)).

5. 5

   Leave the entry block

   The "Date entered" line and registrar's signature are for the registry.

• The court's civil disputes page says to file the Default Judgment form with your original claim and the affidavit of service at the Court Registry.
• The registrar may refuse entry if not satisfied the claim was served on all relevant parties (r 116(4)).
• For property repair or loss claims, you must show the registrar that the evidentiary material you rely on, including a repair or loss account, quote, invoice or receipt, was served with the claim (r 118).
• For damages to be assessed, the registrar fixes a hearing. Serve a notice of hearing, any affidavits and a schedule of costs on the other parties at least 21 days before it (r 119).

• A defence can be filed at any time before default judgment is entered (r 48(2)), so check with the registry before filing.
• After judgment you can enforce it by warrant to sell property or garnishee order, as the court's civil disputes page explains.
• Do not leave an undefended claim sitting. The Court must, on reasonable notice, dismiss an action where a defence has not been filed and judgment has not been entered after service (r 33).