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QLD Steps after Default Judgement

Discussion in 'Commercial Law Forum' started by NotABabe, 19 June 2017.

  1. NotABabe

    NotABabe Active Member

    31 March 2017
    Likes Received:
    We (Plaintiff) are in a process of money dispute in Magistrates court, the other party did not file their defense within 28 days and we are about to request for a default judgement. I just have a few questions about what steps to take after the judgement is given. The case is quite simple, the other party didn't pay the invoices. My questions are:
    1. What's the first step after a judgement is granted? Do we still need to fill out the form 58 to register the default judgement?
    2. Do we need to request the court to give a money order, or register an order?
    3. The other party is a national company, is an enforcement hearing necessary?
    4. The other party is a cleaning contractor to many companies. If we need to apply for an enforcement warrant, and we know who they are contracting to, which warrant should we apply? (Redirection of debt or redirection of earnings)
    5. Is there more efficient way to get them to pay the debt after the default judgement?

    Thank you in advance for your precious time!
  2. Rob Legat - SBPL

    LawTap Verified Lawyer

    16 February 2017
    Likes Received:
    1a. Commonly the first step is to seek an enforcement hearing, as a means of finding out information about the ways to pursue enforcement.

    1b. To seek a judgment you'll need to prepare a Form 25 Request for Default Judgment, a Form 26 Default Judgment, and an affidavit of debt to show how much is currently owed.

    2. That's what you're doing by lodging the documents in 1b.

    3. An enforcement hearing in never 'necessary', but the initial steps of one (at least) are usually a good idea. You can't seek an enforcement hearing without first sending the judgment debtor a Form 71 and giving them an opportunity to respond. Doing this is a good way to get some information to inform further proceedings.

    4. With a company, I would always suggest a redirection of debt to their bank - after first ascertaining their correct bank details.

    5. Whatever works in the circumstances. If they're playing hardball, you can look at a statutory demand under the Corporations Act. Failure to comply with one of those is grounds to seek a winding up order against the company - something which they will definitely want to avoid from the information you've given.
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