Default judgment for liquidated demand (Form 32)

Order 13 of the Rules of the Supreme Court 1971 (WA), applied to the District Court by rule 6 of the District Court Rules 2005, lets a plaintiff enter judgment when a defendant fails to enter an appearance to a writ within the time allowed. Where the writ claims a debt or liquidated demand only, the plaintiff may enter judgment for a sum not exceeding the amount claimed on the writ, plus costs, and may then issue execution (O 13 r 2). Where a form of judgment is prescribed it must be used (O 42 r 1(2)), and Form 32 is that form. It includes the notice to the defendant that O 13 r 12 requires, telling them they can apply to set aside or vary the judgment (O 13 r 14) or to suspend its enforcement under section 15 of the Civil Judgments Enforcement Act 2004.

When you need it

• Your action was started by writ and the writ claims only a debt or other fixed (liquidated) sum.
• The time for appearance stated on the writ has passed and the defendant has not entered an appearance.
• You can prove service: an affidavit of service, with the writ indorsed with the service details within 3 days of service, or the writ indorsed by the defendant's solicitor accepting service (O 13 r 1(3); O 9 r 1(4)).
• If the claim is for damages or the value of goods to be assessed, use Form 33 instead. If the defendant has appeared but not filed a defence, default judgment under O 13 is not available; the Court's guide says to apply by chamber summons with an affidavit.

1. 1

   Complete the heading

   Replace 'AB' and 'CD' with the parties' names and insert the action number and year. The form reads 'District Court of Western Australia'.

2. 2

   State the amount of the debt

   In paragraph (a) insert the amount, which must not exceed the amount claimed on the writ for the debt or demand (O 13 r 2(1)(a)).

3. 3

   State the costs

   In paragraph (b) insert the costs or write 'costs to be taxed'. The Court's fees page says fixed costs may be claimed on a liquidated demand default judgment and publishes the maximum it will accept. Delete the taxed costs line if costs have not been taxed.

4. 4

   Keep the notice to defendant

   Do not remove the notice. A default judgment must tell the defendant of the right to apply to set it aside or vary it and, if applicable, to apply to suspend enforcement (O 13 r 12). Insert the plaintiff's name where shown.

5. 5

   Fill in the contact details

   Give the plaintiff's law firm, contact name, phone number and email so the defendant can get in touch. If you are self-represented, adapt this section to give your own contact details.

• Lodge the draft judgment with the affidavit of service. Lawyers must eLodge through the ECMS; a self-represented party who is not a registered user may email districtcourt@justice.wa.gov.au or lodge at the registry (PNC 1.2.1).
• The proper officer checks the documents and, if they are regular, enters the judgment (O 42 r 4).
• Serve the default judgment on the defendant personally as soon as practicable after it is entered (O 13 r 13).
• Once entered, the judgment can be enforced under the Civil Judgments Enforcement Act 2004 (O 13 r 2(2)).

• The 3-day rule matters: if the writ was not indorsed with the service details within 3 days of service, you cannot enter default judgment for non-appearance (O 9 r 1(4)).
• Check the time for appearance on the writ. It is longer for defendants served 300 km or more from Perth, interstate or overseas (O 5 r 11).
• Do not claim more than the writ claims. The judgment cannot exceed the sum indorsed on the writ for the demand.