Default Judgment Magistrates Court WA — How to Apply When They Don't Respond
You filed your minor case claim, paid the filing fee, served the other side, and then — nothing. The response deadline passed and the defendant ignored it completely. This is where default judgment comes in: a court order in your favour without a hearing, because the defendant didn't bother to show up.
When You Can Apply
The defendant has 14 calendar days from the date of personal service in WA (or 21 days if served interstate under SEPA) to file a response. Count from the date on your Affidavit of Service, not from the date you filed the claim.
Once that window closes with no response filed at the court, you can apply for default judgment.
What You Need
You apply using Form 13 (Application for Default Judgment). Before the court will grant it, you must have:
- Proof of service — a sworn Affidavit of Service filed at the court, confirming the defendant was properly served. No affidavit, no default judgment.
- A completed Form 13 — identifying the case number, the parties, and the amount claimed.
No application filing fee is payable for a matter dealt with under the minor case procedure.
Liquidated vs Unliquidated Claims
How fast you get your judgment depends on what you're claiming:
- Liquidated (a fixed amount): If your claim is for a specific dollar amount — an unpaid invoice, a deposit — the registrar can enter judgment on the papers without a hearing. This is the faster path.
- Unliquidated (damages): If the amount isn't fixed — property damage, loss of earnings — the court lists an assessment hearing where a magistrate decides the quantum. You still win on liability, but you need to prove how much.
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The One-Year Catch
If more than 12 months have passed since you served the claim, you can't get default judgment without applying to the court for permission first. The court wants to know why you waited so long, and whether the defendant might have changed address or circumstances. Don't let claims sit.
Can the Defendant Undo It?
Yes. Under rule 42 of the Magistrates Court (Minor Cases Procedure) Rules 2005, a defendant may apply to set aside a default judgment within 21 days after it was given. The court considers the application and the reasons for not responding, such as service at an old address or a genuine mistake.
After Default Judgment
A default judgment is a court order, but it doesn't put money in your account. If the defendant still doesn't pay, you move to enforcement under the Civil Judgments Enforcement Act 2004 — means inquiries, property seizure orders, or earnings appropriation orders.
The WA Minor Case Claim Guide covers the default judgment application step by step, including the affidavit requirements and what to do when the judgment is entered but the money still hasn't arrived.
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