Default judgment after assessment of damages etc. (Form 35)

When a plaintiff enters default judgment for damages, or the value of goods, to be assessed under Order 13 rule 3 or 4 of the Rules of the Supreme Court 1971 (WA), the judgment after the assessment is also entered as a default judgment (O 13 r 3(2)(b), r 4(2)(b)). These rules apply in the District Court through rule 6 of the District Court Rules 2005. Form 35 is the prescribed form for that final judgment (O 42 r 1(2)). It recites the earlier default judgment and the certified amount, orders payment of that amount and costs, and carries the notice to the defendant about setting aside (O 13 r 14) and suspending enforcement (Civil Judgments Enforcement Act 2004 s 15).

When you need it

• You already hold a default judgment (Form 33) for damages or the value of goods to be assessed.
• The amount has now been assessed and certified, for example by a master's or registrar's certificate.
• If your earlier judgment was not a default judgment (for example, summary judgment on liability), use Form 37 instead.

1. 1

   Complete the heading

   Insert the action number and year and the parties' names in place of 'AB' and 'CD'.

2. 2

   Complete the recital

   Insert the date the plaintiff obtained default judgment for damages (or other relief) to be assessed, the amount certified as due, the document that certifies it (such as the master's certificate) and the date that certificate was filed. Note 1 to the form says the heading and text are to be amended to reflect the assessment.

3. 3

   State the orders

   Paragraph (a) is the assessed amount. Paragraph (b) is the costs, either a figure or 'costs to be taxed'. Complete the taxed costs line only if costs have been taxed, with the date of the Taxing Officer's certificate.

4. 4

   Keep the notice to defendant

   Insert the plaintiff's name in the notice and leave the wording about setting aside, varying and suspending enforcement in place (O 13 r 12).

5. 5

   Fill in the contact details

   Give the plaintiff's law firm, contact person, phone and email, or your own details if you are self-represented.

• Lodge the draft judgment through the ECMS (or by email or at the registry if you are a self-represented party who is not a registered user) (PNC 1.2.1).
• Where a master or registrar was asked to ascertain the amount, their certificate must be filed when judgment is entered (O 42 r 6).
• Serve the default judgment personally on the defendant as soon as practicable after it is entered (O 13 r 13).
• The plaintiff may then enforce it under the Civil Judgments Enforcement Act 2004 (O 13 r 3(2)(c)).

• Make the recital match the court record exactly: the date of the first judgment and the date the certificate was filed.
• Use Form 35 only where the original judgment was by default. A judgment after assessment following any other kind of judgment is Form 37 and has no notice to defendant.