Many respondents will pay once judgment has been given but it may be necessary to remind the judgment debtor to pay the debt. If there is doubt about whether the debtor will pay, the judgment creditor can commence enforcement proceedings immediately after judgment. A party who seeks to enforce judgment ...

Representation Lawyers are only allowed to appear in minor civil actions in certain circumstances (if the other party is a lawyer, if all parties agree, or if the court gives permission because it believes a party would be unfairly disadvantaged ...

If default judgment is entered against a respondent in relation to a minor civil action, it is possible for a respondent to subsequently apply to the court to set aside the judgment. The respondent may apply to have the judgment set aside ...

If a defence is not filed within 28 days of service of the claim the applicant can go back to the court registry and ask to sign judgment. This is done by filling in a Form 76B. By doing this the claim will become a judgment of ...

Responses to Pre-action Steps When the applicant issues a Final Notice (P1) or a Letter of Demand, the respondent has 21 days to respond before the applicant may proceed with lodging a formal claim in the court. If the respondent receives a Letter of Demand giving notice of the ...

The applicant must generally serve a sealed copy of the relevant claim documents on each respondent and interested party (if any) as soon as practicable [r 63.3(2)]. A Multilingual Notice (Form 31) must also be served with the claim [r 63.3]. There are three ...

If after the 21 day period following giving notice of the intended claim there has been either no response or an unsatisfactory response the claim itself can be started. Beginning formal legal action against the debtor respondent If the other party does not accept ...

Please note that there are additional pre-action steps that apply to lodging a general claim (over $12 000) in the Magistrates Court and legal advice should be sought. Before commencing a minor civil action in court, the applicant must give the respondent a written ...

The first step in making a claim is to find out exactly who you should sue. If you do not put the correct person’s name or business name on the forms, you may have difficulty obtaining judgment or a judgment made ...

If you decide to take legal action there are several decisions you will need to make before you can proceed. Depending on your situation it may be that legal action is not necessarily an option. You need to make an ...