Default Judgment in WA Magistrates Court — What Defendants Need to Know

You were served with a Minor Case Claim in the WA Magistrates Court and let the response deadline pass — 14 days if served within WA, or 21 days if served elsewhere in Australia. Now you are wondering what comes next — or you are trying to understand the risk before that window closes. Either way, default judgment is the single biggest procedural hazard facing defendants in minor case claims, and understanding exactly how it works matters.

How Default Judgment Gets Entered

Default judgment is not automatic. Under Rule 16 of the Magistrates Court (Minor Cases Procedure) Rules 2005, the claimant must lodge a formal application for default judgment after the response period expires. For a liquidated claim, the registrar may enter judgment in the absence of the parties for the claimed sum plus allowable costs. For unliquidated damages, the registrar may assess the amount from supporting documents or list an Assessment of Damages hearing.

This means there is a gap between the deadline expiring and judgment actually being entered. If you manage to file Form 15A on the eCourts Portal before the claimant's default application is processed and granted, your late response is accepted and default is blocked.

But that gap can be hours or days — some claimants file their default application the moment the deadline passes.

What Default Judgment Means for You

Once default judgment is entered, the claimant has a court order for the full claimed amount. They can immediately begin enforcement under the Civil Judgments Enforcement Act 2004:

• Means inquiry summons — a court hearing where you must disclose your income, assets, and debts.
• Property seizure and sale order — a bailiff can seize and sell personal property to satisfy the judgment.

Enforcement can also add costs to the judgment debt.

Can You Still Fight It?

Yes, but it is harder than responding on time. You can apply to set aside the default judgment under Rule 42 of the Magistrates Court (Minor Cases Procedure) Rules 2005. The application requires:

1. A completed application form (Form 23) filed on the eCourts Portal.
2. A Form 2 supporting affidavit showing a reasonable excuse for the default, such as hospitalisation, non-receipt of postal service, or a verified absence.
3. Factual evidence showing a prima facie defence on the merits.

Under Rule 42, lodge the application within 21 calendar days after judgment, or by an extended date the court allows. Your affidavit must show both a reasonable excuse for the default and a prima facie defence on the merits.

There is no guarantee. If your explanation for missing the deadline is weak or your proposed defence lacks substance, the judgment stands.

The Simplest Prevention

File Form 15A within the applicable response period: 14 days if served within WA, or 21 days if served elsewhere in Australia. Filing costs nothing — there is no fee for lodging a response. Even if you intend to admit the claim and propose instalment payments, filing on time preserves your ability to negotiate terms rather than having the full amount enforced immediately.

The WA Minor Case Response Guide walks through both the standard response process and what to do if the deadline has already passed, including the set-aside application steps and affidavit drafting guidance.

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