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Victoria · Civil Litigation

How to apply for default judgment in Victorian civil proceedings

In short

In Victoria, a plaintiff may obtain default judgment where a defendant does not file an appearance or defence within the time required (10 days after service in the Supreme Court, 21 days in the Magistrates' Court). Apply under Order 21 of the Supreme Court (General Civil Procedure) Rules 2015 (VIC) or the equivalent rules in each court.

Who: Plaintiffs in Victorian civil claims where a defendant has failed to respond to a Writ or Complaint.
Where: Supreme, County, or Magistrates' Court of Victoria via their respective online platforms.
Time: Administrative entry typically 1–3 weeks; damages assessments add 1–3 months.
Fees: Filing fees scale by court and party type. Costs on default judgment are set in the fixed scales under each court's rules.
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Legal basis

The framework

Civil Procedure Act 2010 (VIC); Supreme Court (General Civil Procedure) Rules 2015 (VIC) Order 21; County Court Civil Procedure Rules 2018 (VIC) Order 21; Magistrates' Court General Civil Procedure Rules 2020 (VIC) Order 21.

10 steps

The process

1

Confirm valid service

Service must comply with Order 6 (Supreme Court) or the equivalent Order in the County or Magistrates' Court. Personal service is required on individuals.

You
2

Observe response period

Supreme and County Courts: 10 days after service to file appearance. Magistrates' Court: 21 days after service to file Notice of Defence.

You
3

Search the court file

Check RedCrest (Supreme), CourtConnect (County), or the Magistrates' Court online portal for any appearance, defence, or application to set aside service.

You
4

Identify default judgment type

Order 21 distinguishes: liquidated demand (Rule 21.02), unliquidated damages (Rule 21.03), detention of goods (21.04), possession of land (21.05). Damages require assessment.

You
5

Prepare the Request

For liquidated demands, file a Request for default judgment (Form 21A in the 2015 Rules) signed by the plaintiff or legal practitioner.

You
6

Affidavit of service and debt

File an affidavit of service under Order 6.12 and, for liquidated demands, a certificate or affidavit verifying the debt. Interest and costs are claimable.

You
7

Compliance with CPA 2010

Section 42 of the Civil Procedure Act 2010 (VIC) requires a proper basis certification. The overarching obligations still apply on default judgment.

You
8

File via the court portal

File via RedCrest (Supreme), CourtConnect (County), or the Magistrates' Court online portal. The Registrar or Prothonotary enters judgment administratively.

You / Prothonotary
9

Damages assessment (if unliquidated)

Under Rule 21.03, default judgment for unliquidated damages is interlocutory. Damages are assessed on affidavit or at a hearing.

Court
10

Enforce or face setting aside

Enforce via warrant of seizure and sale, attachment of earnings, or charging orders under Order 68. Defendants may apply to set aside under Rule 21.07 on showing arguable defence and prompt application.

You / Defendant
Forms required

Forms and templates

Avoid these mistakes

Common mistakes

  • Applying before the response period expires
  • Defective or untimely affidavit of service
  • Treating an unliquidated claim as liquidated
  • Forgetting the section 42 proper basis certification
  • Ignoring set-aside risk on fresh-defence grounds
Use with Quillio

Get this process right with Quillio

Quillio can prepare Form 21A, draft affidavits of service and debt compliant with Order 6, and calculate interest and fixed costs. See /practice-areas/litigation-lawyers.

General information only, not legal advice. Default judgments are frequently set aside. Comply strictly with the applicable Rules.

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