Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 1120

Default judgment—debt or liquidated demand

    (1)     This rule applies if a plaintiff's claim for relief against a defendant in default is for a debt, liquidated demand or claim for unliquidated damages mentioned in rule 418 (2) (Pleadings—amount of unliquidated damages), with or without interest.

    (2)     On application by the plaintiff under rule 1118 (Default judgment—generally), the court may enter judgment for the plaintiff for an amount not more than the amount claimed, together with—

        (a)     if interest is claimed—the amount of interest stated in the affidavit in support; and

        (b)     if costs are claimed

              (i)     the amount of costs stated in the affidavit in support; or

              (ii)     costs to be agreed or assessed.

    (3)     The affidavit in support mentioned in rule 1119 must—

        (a)     state the amount owing to the plaintiff, in relation to the claim for relief, at the time the originating claim was filed; and

        (b)     give particulars of any reduction of the amount owing, and costs, because of any payments made, or credits accrued, since the originating claim was filed; and

        (c)     if interest is claimed, include—

              (i)     a statement of the amount of interest claimed; and

              (ii)     a statement that the amount of interest is worked out in accordance with—

    (A)     the rate stated in the plaintiff's claim for relief; or

    (B)     the rate of interest applying from time to time under schedule 2, part 2.1 (Interest up to judgment); and

        (d)     if costs are claimed, include—

              (i)     under schedule 3, part 3.2 (Default judgment)—

    (A)     a statement of the amount of costs claimed; and

    (B)     a copy of each invoice and receipt for the filing and service fees paid in relation to the claim for relief; or

              (ii)     in any other case—a statement that costs are to be agreed or assessed.

    (4)     If the period for which interest is to be awarded is not stated in the claim for relief, interest is recoverable only from the date of the issue of the originating claim.



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