ACAT Default Judgment — What Happens If You Miss the Response Deadline

Missing the 21-day response window in an ACAT civil dispute puts you at risk of an adverse determination. If you also fail to appear at the Directions Hearing, the tribunal may accept the applicant's uncontradicted claims and make binding orders against you for the full amount, interest, and filing fees — in your absence.

How Default Orders Happen

Under Practice Note 2 of 2024, if no Response (Form AF2021-29) is filed within 21 calendar days, counted from the day after you receive the application, and you fail to appear at the subsequent Directions Hearing, the presiding Member or Registrar may proceed ex-parte. ACAT may hear the applicant's case in your absence, accept uncontradicted allegations, and make final orders.

The application is listed for a Directions Hearing after the response deadline expires. If you do not attend, the tribunal may proceed in your absence and make final orders.

How to Avoid a Default Order

The only reliable prevention is filing your response on time. Day one of the 21-day count begins the day after you receive the application — the date of service itself is excluded. If the deadline falls on a weekend or ACT public holiday, it shifts to 4:30 PM on the next business day.

If you genuinely cannot meet the deadline — a medical emergency, missing records, unavailability of a key witness — apply for an extension before the 21 days expire. You'll need an Application for Interim or Other Orders (the 231KB PDF form from the ACAT website) filed under Rule 62 of the Procedures Rules, setting out the reason you need more time. Filing the application does not guarantee extra time, but doing it before the deadline demonstrates good faith.

Setting Aside a Default Order Under Rule 70

A default order is not necessarily permanent. Under Rule 56 and Rule 70 of the ACT Civil and Administrative Tribunal Procedures Rules 2024, you can apply to have the order set aside if it was made in your absence.

Your application must show three things: a reasonable explanation for why you failed to appear (non-receipt of documents, acute medical emergency), that you acted promptly once you discovered the order, and that you have an arguable defence on the merits.

File the Application for Interim or Other Orders, attach a detailed affidavit or statutory declaration covering those three points, and the registry will schedule a short set-aside hearing. There is no filing fee for a set-aside application following an ex-parte order.

If granted, the original order is vacated and the dispute is relisted for a fresh Directions Hearing.

One Critical Detail — Stay the Enforcement

Lodging a set-aside application does not automatically pause enforcement of the underlying order. The applicant can register the order with the ACT Magistrates Court and begin enforcement proceedings immediately. To suspend enforcement while the set-aside is heard, you must tick the "Stay" box on the same application form and show that a stay is necessary to prevent irreparable prejudice.

The full procedure — from calculating the 21-day deadline to applying for a set-aside and requesting a stay — is covered in the ACT ACAT Response Guide, which includes a deadline calculator worksheet and decision matrix.

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