ACTIn ForceRegulation
Court Procedures Rules
1119Default judgment—relevant affidavits
Start here
Get a plain-English read of 1119
Turn the raw legal text into a practical explanation grounded in Court Procedures Rules.
1119 Default judgment—relevant affidavits
(1) For an application under rule 1118, the relevant affidavits are—
(a) for a proceeding started by originating claim—an affidavit of
service of the originating claim; and
Note This division applies to a counterclaim against a person not a party to the
(b) an affidavit in support of the application (the affidavit in
support) sworn by—
(i) the plaintiff or, if there are 2 or more plaintiffs, any
(ii) a qualified person.
Note See approved form 2.36 (Affidavit in support of application for default
judgment for debt or liquidated demand) AF2006-281.
(2) The plaintiff’s solicitor may swear an affidavit in support only if the
source of the knowledge of the facts deposed is—
(a) the plaintiff; or
(b) if there are 2 or more plaintiffs—any plaintiff; or
(c) another qualified person.
Rule 1120
(3) An affidavit in support must be sworn not earlier than 14 days before
the day the affidavit is filed in the court.
Note For what must be included in an affidavit of support, see the following
rules dealing with default judgment for particular kinds of claims:
• r 1120 (Default judgment—debt or liquidated demand)
• r 1122 (Default judgment—unliquidated damages)
• r 1123 (Default judgment—detention of goods)
• r 1124 (Default judgment—recovery of possession of land)
• r 1125 (Default judgment—mixed claims)
• r 1126 (Default judgment—other claims).