Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 1118

    (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 proceeding.

    (2)     If rule 1126 (Default judgment—other claims) applies in relation to the application, the application must be accompanied by the relevant affidavits.

Note 1     Pt 6.2 (Applications in proceedings) applies to the application.

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

    (4)     Part 6.2 (Applications in proceedings) does not apply to an 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 own initiative.

    (6)     The court may enter judgment under this division (other than rule 1126) in favour of the plaintiff without a hearing.