How to Set Aside a Default Judgment in WA Magistrates Court

A default judgment has been entered against you in the WA Magistrates Court because no Form 15A response was lodged in time. The claimant now holds a court order for the full claimed amount and can begin enforcement — means inquiries, property seizure, wage garnishees. But default judgment is not necessarily the end. The court has power to set it aside if you can show good reason for the delay and a real defence to the claim.

The Application Process

To apply, you need to file two documents through the eCourts Portal at ecourts.justice.wa.gov.au:

Form 23 — Interlocutory Application. This is a general-purpose application form used to ask the court for orders outside the normal sequence. Select the option requesting that the default judgment be set aside and the matter relisted for a status conference.

Form 2 — Supporting Affidavit. This is your sworn statement. It needs to cover three things:

1. Why you did not respond on time. Be specific and honest. Your affidavit must show a reasonable excuse for the default. Examples include hospitalisation, non-receipt of postal service, or a verified absence.

2. When you became aware of the judgment and what you did once you found out. Acting promptly after discovering the judgment weighs strongly in your favour. A six-month gap with no explanation does not.

3. Your proposed defence on the merits. The magistrate will not set aside the judgment just because you missed the deadline — you must also show a prima facie defence on the merits. Set out the material facts of your case in your affidavit.

Under Rule 42 of the Magistrates Court (Minor Cases Procedure) Rules 2005, lodge the application within 21 calendar days after judgment, or by an extended date the court allows. Filing the application does not automatically stay enforcement; apply separately for an order staying enforcement while the set-aside application is heard.

What the Magistrate Considers

The court balances several factors:

• The length of the delay and its cause
• Whether you acted promptly once aware of the judgment
• Whether you have an arguable defence (not a guaranteed winner, but a case with substance)
• Whether the claimant would suffer prejudice beyond losing the benefit of the default judgment
• The interests of justice overall

If the magistrate grants the application, the default judgment is set aside and you are granted leave to defend. Follow any directions the court makes about filing your response. The magistrate may impose conditions — for example, ordering you to pay the claimant's costs thrown away by the delay.

If the application is refused, the default judgment stands and enforcement continues.

Timing Matters

Apply within the 21-day period after judgment, or by an extended date the court allows. The longer you wait after learning about the judgment, the harder it becomes to persuade the court. File the application as soon as you discover the default.

Also check the eCourts Portal immediately — if the claimant has not yet applied for default judgment even though your response period has passed, you may be able to lodge your Form 15A late without needing a set-aside application at all.

The WA Minor Case Response Guide covers both the standard response timeline and the full set-aside procedure, including affidavit templates and the defence-drafting worksheet.

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