Judgment (other than default judgment) after assessment of damages etc. (Form 37)
Form 37 is the District Court of Western Australia judgment, other than a default judgment, entered after damages are assessed. It records the assessed amount and costs.
Word document from District Court of Western Australia's website.
DraftOur fillable copy of this form has not been through editorial review yet. Check it against District Court of Western Australia's current form before you rely on it.
- Format
- Word (DOCX)
- Category
- Court form
- Form number
- Form 37
- Version
- va32c80ea
- Last updated
- 14 October 2026
District Court of Western Australia · Rules of the Supreme Court 1971 (WA) O. 42 r. 1 (applied to District Court civil proceedings)
For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.
What Form 37 is for
Order 42 rule 1(2) of the Rules of the Supreme Court 1971 (WA) requires a judgment to be in the form prescribed in Schedule 2 where there is one. Form 37 is the prescribed form where the plaintiff has obtained judgment for damages (or other relief) to be assessed, otherwise than by default, and the amount has since been certified. A common example is a judgment on liability under Order 14, which allows judgment where the defendant has no defence except as to the amount of damages. These rules apply in the District Court through rule 6 of the District Court Rules 2005. Because it is not a default judgment, Form 37 has no notice to defendant.
When you need it
- The Court has already given judgment for damages or other relief to be assessed, and that judgment was not entered by default.
- The amount has been assessed and certified (for example by a master's or registrar's certificate).
- If the earlier judgment was a default judgment under Order 13, use Form 35 instead.
How to fill it in
- 1
Complete the heading
Insert the action number and year and the parties' names in place of 'AB' and 'CD'.
- 2
Complete the recital
Insert the date the plaintiff obtained judgment for damages (or as the case may be) to be assessed, the amount certified as due, the certifying document and the date it was filed. Note 1 to the form says the heading and text are to be amended to reflect the assessment.
- 3
State the orders
Paragraph (a) is the assessed amount and paragraph (b) the costs, either a figure or 'costs to be taxed'. Use the taxed costs line only if costs have been taxed, giving the date of the Taxing Officer's certificate.
- 4
Leave the signature block
The judgment is issued 'By the Court' over the registrar's signature.
Filing, lodging and service
- 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 ascertained the amount, their certificate must be filed when judgment is entered (O 42 r 6).
- If a party needs to extract an order, the Court's practice is to lodge the draft through the ECMS for settling (PNC 9.1.2). The Court generally extracts orders made by registrars itself (PNC 9.1.1).
- A judgment takes effect from its date (O 42 r 2).
Common mistakes
- Check which earlier judgment you are building on. A default judgment leads to Form 35; anything else leads to Form 37.
- Make the recital match the court record: the date of the earlier judgment and the filing date of the certificate.
Frequently Asked Questions
When is Form 37 used instead of Form 35?
Form 35 follows a default judgment entered because the defendant did not appear. Form 37 follows any other judgment for damages to be assessed, such as a judgment on liability after a summary judgment application.
Does Form 37 need a notice to the defendant?
No. The notice about setting aside is required for default judgments (RSC O 13 r 12). Form 37 is not a default judgment and the prescribed form has no notice.
Checked against the official sources on 26 October 2026
- Rules of the Supreme Court 1971 (WA) O 13 r 12, O 14 r 1, O 42 rr 1, 2, 6 and Form 37
- District Court Rules 2005 (WA) r 6
- District Court of WA - Form 37 Judgment (other than default judgment) after assessment (Word)
- District Court of WA - Practice Notes Civil (PNC 1.2, 9.1)
General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.
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1 box on the Judgment (other than default judgment) after assessment of damages etc. (Form 37) fill from your matter. 6 are for you to complete: ticks, signatures and anything that needs judgement.
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