​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

​Applying for default judgment for goods 

You can apply to the court for default judgment for goods if you filed and served a stat​ement of claim, and the defendant hasn't:

  • ​​​returned the goods you are claiming ​
  • filed a defence.

You must wait until 28 days after the statement of claim form was served.

To find out how to apply for a default judgment for goods, follow the steps in the guide on this page. 

Icon: Page with numbered list Applying for default judgment  - Step by step guide​

Step 1: Find out when the defendant was served

You cannot get a default judgment unless 28 days have passed since the defendant was served with the statement of claim. 

If you did not serve the defendant yourself, you can find out when they were served by: 

  • calling the court, if the court served the statement of claim by post 
  • looking at the affidavit of service prepared by the process server. 

For service by post on an individual or a company, the statement of claim is taken to be served on the fourth working day after it was posted. 

For service on a business operating under a business name or a partnership, the statement of claim is taken to be served at the end of seven days after the day it was posted. 

Handy hintIf the 28th day falls on a weekend or a public holiday, the defendant will be able to file their defence up to the end of the next working day. You can file for a default judgment the next working day after that if they don't.

Step 2: Get the forms

You need two forms: 

  • Form 37-  Notice of motion - default judgment for detention of goods 
  • Form 41 - Affidavit of service. 

You can get copies of the forms from: 

You will not need an affidavit of service form if the statement of claim was served by the court. If it was served by a process server, they should complete an affidavit of service form and give it to you.

Step 3: Fill out the affidavit of service form

The person who served the statement of claim needs to fill out an affidavit of service form and sign it in front of a lawyer or a justice of the peace (JP). If you have paid a process server to serve the statement of claim, they will usually give you an affidavit of service.

If you served the statement of claim on the defendant, you will need to fill out and sign the affidavit of service form. You should include in the affidavit of service:

  • ​​the date you served the defendant
  • how you served the defendant (for example, in person, at a business address, by post, by fax or by email)
  • what you served on the defendant (in this case a statement of claim)
  • the name of the person who accepted service (if it wasn't the defendant)
  • a statement that you are over 16 years of age. 

You do not need to annex (attach) a copy of the statement of claim to the affidavit of service form. 

For information on filling out and signing an affidavit of service form, see Serving a statement of claim

Step 4: Fill out the notice of motion form

You can fill out your form:

  • ​by completing it on your computer
  • by printing the form and completing it in blue or black pen.

Have your copy of the statement of claim and the affidavit of service with you while you fill out the notice of motion form.

To fill out the notice of motion you will need the following information: 

  • ​​your case number. You can find this on your stamped copy of the statement of claim
  • the date that the defendant was served with the statement of claim
  • the name of the person who signed the affidavit of service and the date it was signed.

In the notice of motion form under the heading 'Affidavit' you need to set out: 

  • whether any goods have been returned to you since you filed the statement of claim, or that no goods have been returned 
  • any payments made by the defendant to you since you filed the statement of claim, or that no payment has been made 
  • the amount you are claiming for filing and service fees 
  • how and when the statement of claim was served on the defendant 
  • how you know that goods or money have or have not been returned or paid to you.

If you are asking for payment for the value of the goods, you should also include: 

  • ​information about how you worked out the value of the goods
  • any documents that support your claim such as receipts, quotes, advertisements for replacement goods and valuations. 

Instructions:Instructions for filling out ​a notice of motion - default judgment for detention of goods

SampleSam​ple notice of motion - default judgment for detention of goods​. 

The Affidavit must be signed in front of a lawyer or justice of the peace (JP) who must also witness it. For more information on signing affidavits, see Affidavit​s, statements and st​​atutory declarations​ in the Legal Skills topic of Representing Yourself.

Step 5: File the forms

You need to take or send the notice of motion and the affidavit of service form to the local court where the statement of claim was filed. 

You must file the notice of motion within 14 days of signing the affidavit in the notice of motion form (not the affidavit of service). 

You need to file the original plus one copy. The court will keep the original and return the stamped copy to you. 

There is no filing fee for the notice of motion and the affidavit of service form and you do not have to serve the documents on the defendant. 

Step 6: Get your default judgment

The registrar at the local court will decide whether to give you default judgment. 

Usually, you do not have to attend court. If you are seeking payment for the value of the goods instead of their return, you may have to attend court. 

This is because the court has to decide what the goods are worth, and may do this in chambers by looking at the evidence provided by you without the need for a hearing or in a hearing that you will have to attend. For more information, see Assessme​nt hearing - goods​.

Generally, the court will give you a default judgment if the notice of motion and affidavit of service show: 

  • that the defendant was properly served with the statement of claim 
  • that it is more than 28 days since the date of servicet
  • that the defendant has not returned the goods or paid you for the value of the goods, and 
  • the court records show that the defendant has not filed a defence. 

Once you have a default judgment you can enforce the judgment against the defendant. For more information, see Enforcement​.

AlertThe defendant can apply to set aside a default judgment. For more information, see Respondin​g to an application to set aside a default judgment​.