Setting aside Default Judgement

A default judgement is an order made by the court in proceedings that are undefended. The judgment works the same as any other judgment, usually stating that an individual or a company owes money to another party.

In order to have a default judgement set aside, you must apply to the Court to seek such an order. In Queensland, to set aside a default judgement you must apply to the court where the claim was first brought e.g. whether it was in the Magistrates, District or Supreme Court.

If you believe you have been served a default judgement against you or your company, it is important you act quickly.

Default judgements can be damaging to you or your business as they get listed as defaults on credit ratings and could support bankruptcy proceedings and/or statutory demands.

Gibbs Wright Lawyers are litigation solicitors that are experienced in determining defences capable of setting aside default judgments in most types of cases.

Courts in Queensland have the discretion to set aside a default judgement in certain circumstances, predominantly where you have a defence to a claim but did not file it within time.