District Courts Rules 2009

Subpart 3—How proceedings dealt with

Judgment by default or on formal proof

2.39 Application for judgment in case of default, discontinuance, admission of facts, or lack of defence

  • 2.39.1 A plaintiff who is pursuing a claim under rules 2.10 to 2.17 may apply immediately for judgment if—

    • (a)  the defendant does not, within the time allowed,—

      • (i) serve on the plaintiff the defendant's form 3 (response by defendant); or

      • (ii) serve on the plaintiff the defendant's form 5 (defendant's information capsule); or

    • (b) the defendant's form 3 contains an admission of the facts stated in the plaintiff's form 2 (notice of claim); or

    • (c) the defendant's form 3 does not disclose any defence to the plaintiff's claim in form 2.

    2.39.2 A defendant who is pursuing a counterclaim under rule 2.27 or 2.28 may apply immediately for judgment if—

    • (a)  the plaintiff does not, within the time allowed,—

      • (i) serve on the defendant the plaintiff's form 3CC (response by plaintiff (for counterclaim)); or

      • (ii) serve on the defendant the plaintiff's form 5CC (plaintiff's information capsule (for counterclaim)); or

    • (b) the plaintiff's form 3CC contains an admission of the facts stated in the defendant's form 2CC (notice of counterclaim); or

    • (c) the plaintiff's form 3CC does not disclose any defence to the defendant's counterclaim in form 2CC.

    2.39.3 A plaintiff who files a statement of claim in accordance with these rules may apply immediately for judgment if the defendant does not, within the time allowed, file a statement of defence to the plaintiff's statement of claim.

    2.39.4 When rule 2.39.1 applies,—

    • (a) the plaintiff's proceeding comes to an end if the plaintiff does not file the plaintiff's form 6A (application for judgment) within the time allowed; and

    • (b) rules 2.17.5 (starting claim again) and 2.17.6 (treated as discontinuance) apply as if the proceeding had come to an end under rule 2.17.

    2.39.5 When rule 2.39.2 applies,—

    • (a) a defendant's counterclaim comes to an end if the defendant does not file the defendant's form 6CCA (application for judgment (for counterclaim)) within the time allowed; and

    • (b) rules 2.17.5 (starting claim again) and 2.17.6 (treated as discontinuance) apply as if the proceeding had come to an end under rule 2.17.

    2.39.6 A defendant may apply immediately for judgment for costs if the plaintiff's claim is, or is treated as having been, discontinued.

    2.39.7 A plaintiff in a counterclaim may apply immediately for judgment for costs if the defendant's counterclaim is, or is treated as having been, discontinued.

    2.39.8 Part 12 contains the procedure for obtaining judgment under this rule.

    Rule 2.39: replaced, on 14 June 2012, by rule 16 of the District Courts (General) Amendment Rules 2012 (SR 2012/85).