Debt Recovery (Applicant) - Default Judgment

What must be filed with an application for a decision by default?: The application in the approved form with an affidavit about how a copy of the original application was given to the respondent, and an affidavit that the whole debt is still owing or, if part has been paid, when, how much and what remains (QCAT Rules r 60). The applicant must prove the respondent was given a copy of the application (QCAT Act s 50(5)).

Can a default decision be set aside?: Yes. On the respondent's application the tribunal may set aside or amend it on terms, including about costs and security. The application does not stop the decision operating or being enforced unless the tribunal orders a stay (QCAT Act ss 51 and 51A).

Jurisdiction: Queensland Civil and Administrative Tribunal, minor civil disputes. This fork applies only after the response period has expired with no response filed.

The Process at a Glance: Once the response period expires, the applicant calculates the amount owing, including the debt, any interest and the costs that may be awarded for a minor debt claim. The Form 6 request for a decision by default is completed with the affidavit of service (Form 9) and the affidavit about the debt still owing. The principal registrar decides the application on the papers and, if satisfied, makes a decision by default, which is a final decision of the tribunal. The decision is then filed in the Magistrates Court under QCAT Act s 131 to enable enforcement.

Key Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) - s 50 (decision by default for a debt or liquidated demand), ss 51 and 51A (setting aside and stay), s 102(2) (costs in minor civil disputes), s 131 (enforcement). QCAT Rules 2009 (Qld) - r 45 (28-day response for a minor debt claim), r 60 (form of application for a decision by default and supporting affidavits), r 84 (costs that may be awarded for a minor debt claim). A thorough affidavit of service is critical to the durability of the default decision.

* 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) - Default Judgment 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.