An order of a Commercial List Judge is now required before a plaintiff can obtain a default judgment in the Supreme Court Commercial List, where a matter is being managed by a Commercial List judge.

A new r 2.07 has been inserted into the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018, pursuant to the Supreme Court (Chapters II and III Miscellaneous Amendments) Rules 2019.

The new rule is effective from 25 March 2019.

The Default judgment commentary in the By Lawyers Victorian Supreme Court – Acting for the plaintiff guide has been updated accordingly.

The amendment does not prevent a plaintiff making an application for default judgment under Order 22 or 23 of Chapter I or Part 4.4 of Chapter 4 of the Civil Procedure
Act 2010.