Legal Project Management Plan & Checklist
Purpose of this Guide: Open this plan when your client is owed a liquidated debt in New South Wales and wants to pursue recovery through the courts. Use this plan from the initial letter of demand through to default judgment. Forks cover two key enforcement methods: Garnishee Order and Writ for Levy of Property.
Jurisdiction: New South Wales, Australia. Claims up to $20,000 are filed in the Local Court Small Claims Division; claims from $20,001 to $100,000 in the Local Court General Division; claims from $100,001 to $1,250,000 in the District Court; and claims above that in the Supreme Court. The two enforcement forks address post-judgment recovery.
The Process at a Glance: The process begins with a conflict check and debtor asset and solvency searches through ASIC, property registers, and the PPSR. A formal Letter of Demand is issued giving the debtor 14 days to pay. If no payment is received, a Statement of Claim (Form 3A) is drafted and filed through the NSW Online Registry, the filing fee paid, and the claim served on the debtor. The debtor has 28 days to file a defence. If no defence is filed, the practitioner applies for Default Judgment using Form 38. If a defence is filed, the matter proceeds through the standard civil litigation pathway to a defended hearing. Once judgment is obtained, if the debtor does not pay voluntarily, enforcement is pursued through the applicable fork.
Use this fork when a NSW Local Court judgment has been obtained and you want to recover the outstanding debt by redirecting money owed to the debtor by their employer (salary) or bank (deposit). This is the garnishee enforcement pathway in New South Wales.
Step-by-step enforcement checklist for NSW writs for levy of property. Covers Request for Writ filing, Sheriff seizure, public auction, and claim priority.
Key Legislation and Case Law: Civil Procedure Act 2005 (NSW) - s 100 (pre-judgment interest - 8.35% per annum, being RBA cash rate plus 4%, adjusted 1 January and 1 July), s 101 (post-judgment interest - 10.35% per annum, being RBA cash rate plus 6%). Uniform Civil Procedure Rules 2005 (NSW) - filing and service requirements. Limitation Act 1969 (NSW) - s 14 (6-year limitation for simple contract debts; 12 years for debts under deed), s 17 (12-year period to enforce a judgment). Filing fees (from 1 July 2026): Small Claims $179 individual / $358 corporation; General Division $370 individual / $740 corporation; Notice of Motion $114 / $228. Statutory demand threshold for companies: $4,000 minimum under Corporations Act 2001 (Cth) s 459E. Bankruptcy notice threshold for individuals: $10,000 minimum under Bankruptcy Act 1966 (Cth). Key case: Shreeve v Jourdan [2025] NSWSC 102 - cannot sue afresh on a stale judgment debt to circumvent the 12-year enforcement limit under s 17 of the Limitation Act.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Debt Recovery (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Civil Litigation cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Issue a formal demand letter and verify debtor solvency and asset position.
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Draft, file, and serve the UCPR Form 3A Statement of Claim.
Execute personal service on the debtor and obtain proof of service.
File Form 38 to obtain default judgment if the debtor fails to file a defence within 28 days.
Select and commence the appropriate post-judgment enforcement mechanism to recover the outstanding debt.