Default Judgment South Australia — Form 76B and the 28-Day Rule

What Default Judgment Is

When you serve a minor civil claim in South Australia, the respondent has 28 calendar days to file a defence (Form 51S). If they do nothing — no defence, no payment, no contact with the court — you can apply for default judgment. This means the court signs a judgment in your favour without a trial.

Default judgment is not automatic. The court does not check whether 28 days have passed and enter judgment on its own. You must apply for it.

How to Apply (Form 76B)

The process goes through the CourtSA portal:

1. Confirm 28 clear days have passed since the date of completed service — not 28 days from filing, but 28 days from when the respondent was actually served
2. Lodge your proof of service — an Affidavit of Proof of Service (Form 42) confirming the method, date, and address of service, or a Sheriff Certificate of Service if you used the court sheriff
3. Complete Form 76B (Application to Registrar — Sign Judgment) — this is the formal request for default judgment
4. Attach an itemised schedule — principal amount, statutory interest (if claimed), filing fees, and service costs
5. Submit through CourtSA — the registrar reviews the application and, if everything is in order, signs the judgment

Once entered, the judgment includes the debt principal, any interest, and your recoverable court costs (filing fee, Form P1 fee, sheriff fees).

Liquidated vs. Unliquidated Claims

If your claim is for a fixed, calculable amount — an unpaid A$5,000 invoice, for example — default judgment is straightforward. The registrar enters the exact figure.

If your claim is for unliquidated damages (an amount that needs to be assessed, such as the cost of repairing defective building work where no agreed quote exists), default judgment does not give you an immediate payout. Instead, the court schedules a hearing for assessment of damages, where a magistrate determines the appropriate amount. Many first-time litigants do not expect this step.

Can the Respondent Get It Set Aside?

Yes. A respondent can apply to set aside a default judgment by filing an Interlocutory Application (Form 77) with a supporting affidavit. They need to show two things:

1. A valid reason for failing to file a defence in time (they were not properly served, they were seriously ill, they were overseas without notice)
2. An arguable defence on the merits — some basis for disputing the claim, not just "I disagree"

If your service was properly executed and documented, a set-aside application is much harder for the respondent to succeed on. This is why meticulous proof of service matters.

What Happens After Judgment

A default judgment is an enforceable court order, but it does not put money in your account. If the respondent does not pay voluntarily, you move to enforcement — investigation notices, examination summons, and ultimately garnishee orders or warrants of sale.

The SA Minor Civil Claim Guide covers the full default judgment process and the enforcement options available when the respondent still does not pay.

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