Default Judgment in Action for Liquidated Demand (Form 32)

Order 13 of the Rules of the Supreme Court 1971 (WA) lets a plaintiff enter judgment against a defendant who does not enter an appearance to a writ within the time limited for appearing. It applies only to proceedings started by writ (r 1(1)). If the writ is indorsed with a claim for a liquidated demand only, the plaintiff may enter judgment for a sum not exceeding the amount claimed in the writ for the demand and costs, and continue against any other defendants (r 2(1)). Where a form of judgment is prescribed in Schedule 2, the judgment must be in that form (O 42 r 1(2)), and Form 32 is the prescribed form for this kind of default judgment. A default judgment must tell the defendant of the right to apply to set it aside or vary it and, where relevant, to apply to suspend enforcement (O 13 r 12).

When you need it

• Your writ claims only a debt or other liquidated (fixed) amount, possibly with interest under s 32 of the Supreme Court Act 1935 at no more than the judgment debt rate (O 13 r 2(3)).
• The time for appearance stated in the writ has passed and the defendant has not entered an appearance.
• Use a different form for other claims: Form 33 for unliquidated damages (r 3), separate procedures for detention of goods (r 4), possession of land (r 5) and mortgage actions (r 6), and a motion for judgment for other claims (r 9).

1. 1

   Complete the heading

   Insert the proceeding number and the plaintiff and defendant as named in the writ. The judicial officer and date of order are completed when the judgment is entered.

2. 2

   Insert the amount of the demand

   In paragraph (a) insert the amount of the debt or demand. It cannot exceed the amount claimed in the writ (r 2(1)(a)).

3. 3

   Deal with costs

   In paragraph (b) insert the amount of costs or state 'costs to be taxed'. If the costs have been taxed, complete the paragraph recording the taxed amount and the date of the taxing officer's certificate.

4. 4

   Complete the notice to defendant

   Insert the plaintiff's name in the notice. Do not remove the notice: it tells the defendant about setting aside under O 13 r 14 and suspension of enforcement under s 15 of the Civil Judgments Enforcement Act 2004, as r 12 requires.

5. 5

   Give contact details

   Fill in the name and address of the plaintiff's law firm and the contact person's telephone and email. A self-represented plaintiff should give their own contact details in this section.

• Before judgment can be entered, file an affidavit proving service of the writ and the indorsement of service under O 9 r 1(4), or produce the writ indorsed by the defendant's solicitor accepting service (O 13 r 1(3)). The Court may require proof that no appearance has been entered (r 1(4)).
• File through eLodgment on the eCourts Portal (O 67A r 3). The Court's forms page lists 2 copies for filing.
• Judgments are entered by the Principal Registrar (O 42 r 1(1)). A filing fee may apply - check the current General Division fee schedule.
• Serve the default judgment on the defendant personally, as soon as practicable after it is entered (O 13 r 13).
• Once judgment is entered, the plaintiff may issue execution on it (r 2(2)).

• Check the appearance period against O 5 r 11 (10, 16 or 21 days depending on distance from Perth, excluding the day of service) before applying.
• Without the indorsement of service on the sealed writ, made within 3 days after service, default judgment for want of appearance cannot be entered (O 9 r 1(4)).
• The Court's Word file is listed as a .doc but is actually a Word 2007 (.docx) file. Its wording matches Schedule 2 Form 32.