Judgment for plaintiff after confession of defence (Rules 252(5) and 822) (Form 19)

Rule 252 of the Supreme Court Rules 2000 (Tas) deals with defences that arise after an action starts, such as a payment or release made after the writ was issued. Where such a defence is raised, the plaintiff may file and deliver a notice confessing to it, specifying the paragraphs of the defence that raise it (r 252(4)). Seven days after delivering the confession, the plaintiff may sign judgment for costs up to the time the defence was pleaded, unless the Court or a judge orders otherwise (r 252(5)). Form 19 is the prescribed form of that judgment. Rule 822 requires prescribed forms of judgment to be used where appropriate.

When you need it

• The defendant's defence relies on a ground that arose after the action was commenced.
• You, as plaintiff, accept that defence and have filed and delivered a notice confessing it.
• At least 7 days have passed since you delivered the confession and no order has been made otherwise.

1. 1

   Copy the heading

   Use the registry, proceeding number and parties from the writ.

2. 2

   Date of entry

   Leave the date the judgment is dated and entered for the registry.

3. 3

   Insert the confession date

   State the date on which the plaintiff delivered the confession of the defence.

4. 4

   Insert the costs

   State the amount of costs the plaintiff is to recover. The rule limits these to costs up to the time the defence was pleaded.

5. 5

   Signature block

   The judgment is signed By the Court by the Registrar or District Registrar.

• File and deliver the notice confessing the defence first (r 252(4)). Delivery is to the defendant's address for service (r 264(1)).
• After the 7 days, lodge Form 19 at the registry where the action is running for entry (rr 83, 252(5)).
• The judgment is filed, and the date of filing is its date of entry (r 820(4)). Sealed copies are available on request (r 821).

• Identify the exact paragraphs of the defence in the confession, as rule 252(4) requires.
• The defendant can ask the Court to order otherwise within the 7 days.