ACTIn ForceRegulation
Court Procedures Rules
1118Default judgment—generally
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1118 Default judgment—generally
(1) If a defendant is in default in relation to a plaintiff’s claim for relief,
the plaintiff—
(a) may apply to the court for judgment to be entered under this
division against the defendant; and
(b) may carry on the proceeding against any other party to the
(2) If rule 1126 (Default judgment—other claims) applies in relation to
the application, the application must be accompanied by the relevant
affidavits.
Note 2 For the meaning of relevant affidavits, see r 1119.
(3) If rule 1126 does not apply to the application, the application is made
by filing a draft judgment accompanied by the relevant affidavits.
Note See approved form 2.35 (Default judgment) AF2016-103.
application under subrule (3).
(5) The draft judgment and relevant affidavits mentioned in subrule (3)
need not be served on anyone unless the court otherwise orders on its
Rule 1119
(6) The court may enter judgment under this division (other than
rule 1126) in favour of the plaintiff without a hearing.