If a judgment for a debt has been made against you – for example, because you ignored the Statement of Claim, didn’t turn up in court on the date set for the Hearing, or were not served with the statement of claim, then you may apply to the Court to have the Judgment set aside.
In setting aside a default judgment, the Court will look to see that you have a defence on the merits (defence made in good faith), and a reason for the delay in responding to the claim. The application will require an Affidavit from the applicant which should raise a defence and provide an explanation for the delay.
In practice, most lawyers would tend to annex a copy of a draft defence that they intend to file to the applicant’s Affidavit.
If the Court is satisfied they would normally set aside the default judgment and in most cases order you to pay the respondent’s legal costs.
Contact us to find out more or to arrange a consultation with an experienced lawyer in Sydney CBD.