In civil cases, a court can make an order or a judgment, or both. An order is usually made during the case ordering a party to file or serve documents or do other things.
A judgment is the order a magistrate or assessor makes when deciding the case.
A default judgment can be given in cases where there is no defence filed.
After a judgment or default judgment is made, the amount to be paid is due immediately. If a defendant does not pay, the judgment amount can be enforced.
Read more information about
enforcing a judgment.
If a default judgment has been entered and a defendant wants to file a defence, they can apply to have the default judgment set aside. This is done by filing a notice of motion. You should get legal advice about your defence and what to include in the notice of motion.
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Before starting any court proceedings you should check which court or tribunal is right for your matter. Call LawAccess NSW for help.
LawAccess NSW is a free government telephone service that provides legal information, referrals and in some cases, advice for people who have a legal problem in New South Wales.
The Representing yourself section of the LawAccess website can help you if you have a legal problem in New South Wales. Representing yourself explains legal procedures and forms for court and tribunal cases. It provides:
The information on this site is a guide only and is not legal advice - see disclaimer.