Sometimes the judgment debtor will ask the court for the default judgment to be 'set aside'. Setting aside a default judgment means cancelling the judgment and giving the judgment debtor time to file a Defence and have the case heard by the court.
To have the default judgment set aside the judgment debtor must show the court:
The judgment debtor may also apply for a Stay of Proceedings. A Stay of Proceedings is an order stopping you from enforcing the judgment until the court has decided the application to set aside the default judgment. For more information, see
Stay of Proceedings/Stay of Enforcement.
If the judgment debtor has a good reason for not filing a Defence, the court may set aside the default judgment. A good reason might be that:
The judgment debtor must provide facts to the court to show that they have a defence that is reasonably arguable in the circumstances. For example that:
For information on how to respond to the application, see
Responding to an application to set aside default judgment - Step by step guide.
For more information, see
Responding to an application to set aside default judgment - Frequently Asked Questions.