Default Judgment Tasmania Magistrates Court

You filed a minor civil claim, served the defendant properly and 21 days have passed with no defence, no payment, no contact. Default judgment is the mechanism that turns that silence into a court order in your favour.

When You Can Apply

The 21-day response period starts on the date of service under Rules 40–41 — not the date you filed at the registry. Exclude the day of service. Days from 23 December through 7 January are not counted toward the defence deadline. If the last day falls on a Saturday, Sunday or public holiday, the deadline extends to 5:00 PM on the next business day.

After that deadline passes with no defence (Form 4) filed and no payment received, you're entitled to apply.

What You Need to Submit

Three documents go to the court registry:

1. Application for Default Judgment (Form 21). This is the form requesting the court enter judgment in your favour for the claimed amount.

2. Affidavit of Service (Form 3). Your sworn proof that the defendant was properly served. If a court bailiff served the documents, a Certificate of Service replaces this. The court won't grant default judgment without evidence that the defendant received the claim — this is a natural justice requirement.

3. Updated interest calculation. If you claimed pre-judgment interest on Form 1, you need to update the calculation from the filing date to the date of your default judgment application. State the daily rate and the total accrued interest.

Liquidated vs Unliquidated Claims

How the court handles your application depends on the type of claim:

Liquidated debts (a specific sum — an unpaid invoice for $5,000, a deposit of $4,500) are assessed administratively by the registrar. No hearing, no appearance. The registrar checks your paperwork, confirms the amount and enters judgment.

Other unliquidated claims not covered by Rule 117 require a brief assessment hearing before a magistrate. A claim for the cost of property repairs or loss of property can be entered without that hearing if you served the supporting evidence with the claim, as required by Rules 117–118.

What Happens After Judgment

Default judgment creates a legally enforceable court order for the defendant to pay. But the court doesn't collect the money for you. If the defendant still doesn't pay, you move to enforcement — garnishee orders against wages or bank accounts, warrants to seize and sell property, or an oral examination to discover the defendant's financial position.

Enforcement procedures are in our Tasmania judgment enforcement guide.

Can the Defendant Overturn It?

Yes. Under Rule 113 of the Magistrates Court (Civil Division) Rules 1998, a defendant can apply to set aside a default judgment. They need to show:

1. A satisfactory reason for missing the 21-day deadline (medical emergency, didn't actually receive the documents, was overseas)
2. An arguable defence on the merits — not just "I disagree" but a specific factual or legal basis for contesting the claim
3. That setting aside the judgment won't unfairly prejudice you

If the court grants the set-aside, the judgment is lifted and the case proceeds as a defended claim — conciliation conference, then potentially a hearing.

This is why proper service and a watertight Form 3 matter. If the defendant argues they were never served, and your affidavit of service has gaps, the set-aside application has a much stronger footing.

For the full default judgment process and form instructions, see our Tasmania minor civil claim guide.

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