ByLawyers News and Updates
  • Publication updates
    • Federal
    • New South Wales
    • Victoria
    • Queensland
    • South Australia
    • Western Australia
    • Northern Territory
    • Tasmania
    • Australian Capital Territory
  • By area of law
    • Bankruptcy and Liquidation
    • Business and Franchise
    • Companies, Trusts, Partnerships and Superannuation
    • Conveyancing and Property
    • Criminal Law
    • Defamation and Protecting Reputation
    • Employment Law
    • Family Law
    • Immigration
    • Litigation
    • Neighbourhood Disputes
    • Personal injury
    • Personal Property Securities
    • Practice Management
    • Security of Payments
    • Trade Marks
    • Wills and Estates
  • Legal alerts
  • Articles
  • By Lawyers

Default judgment in the Supreme Court Commercial List – VIC

25 March 2019 by By Lawyers

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.

Filed Under: Litigation, Victoria Tagged With: Commercial List, default judgement, Litigation | Victoria, Supreme court of Victoria

Magistrates Court (Civil) Guide- review – South Australia

19 October 2018 by By Lawyers

The By Lawyers South Australian Magistrates Court (Civil) Guide has been reviewed and updated to ensure that the precedents and commentaries are in line with current law and practice.

The extensive review was performed by our author Josephine Battiste, barrister at Mitchell Chambers.  As with all our authors, Josephine takes a practical approach, drawing on her considerable experience to cover all aspects of procedure and focus on practical tips that will help lawyers confidently represent their clients and successfully run civil matters in the Magistrates Court.

Highlights from the By Lawyers South Australian Magistrates Court (Civil) Guide include:

  • expanded commentary on settlement options, including Enforceable payment agreements, Pre-filing Alternative Dispute Resolution services in the Magistrates Court and Offers to consent.
  • new commentary on statutory actions;
  • new commentary and precedents in relation to service outside of South Australia;
  • expanded commentary on entry of default judgement, calculating interest on judgement debts and setting aside default judgement entered against a defendant;
  • expanded commentary on preparing and filing a defence;
  • new commentary and precedents on summary stay or dismissal of claim and striking out statement of claim, defence or reply; and
  • a new section on pre-trial processes covering discovery, the initial directions hearing and Alternative Dispute Resolution.

New precedents include a combined Offer and acceptance and an example List of documents for both plaintiff and defendant. All of the existing precedents in the guide have been reviewed to ensure they reflect current law and practice.

We invite you to explore this publication and to consider the wealth of assistance the guide offers for lawyers appearing for clients in civil matters in the Magistrates Court.

 

 

Filed Under: Litigation, Publication Updates, South Australia Tagged With: By Lawyers, calculating interest on judgement debts, current law and practice, default judgement, Enforceable payment agreements, Offers to consent, pre-trial processes, service outside of South Australia, statutory actions, striking out, summary stay or dismissal, update

Subscribe to our mailing list

* indicates required
Preferred State

Connect with us

  • Email
  • LinkedIn
  • Twitter

Copyright © 2025 · Privacy Policy
Created and hosted by LEAP · Log in