Department of Justice is now the Department of Communities and Justice. Find out more >
This is an example of an affidavit in support of a notice of motion to set aside default judgment. It is important to complete this form using your own details and based on your own circumstances. If you need more help, get legal advice. Do not try to file this sample form at court.
This sample form is provided in Word format.
Sample affidavit in support of a notice of motion to set aside default judgment (38kb)
For more information on completing this form, see Instructions for filling out an affidavit in support of a notice of motion to set aside default judgment.
This sample form is based on the following case study:
Case study - Meena and Fantastic Florists
runs a small business from home, doing website design and IT support for other
small businesses. One of her regular clients, Fantastic Florists, has failed to
pay her invoice in the amount of $4,000 for the website she built. Meena sent a
couple of reminder letters but there has been no response. She tried to contact
Fiona from Fantastic Florists by telephone but could not reach her. Meena sent a letter of demand to Fantastic
Florists. Fiona from Fantastic Florists offered to pay for part of the
outstanding invoice. Meena refused Fiona’s offer and started legal action in
the Small Claims Division of the Local Court to recover the outstanding amount
from Fantastic Florists. A few months later, Fiona’s bookkeeper advised Fiona
about a default judgment. Fiona prepares
a notice of motion to set aside default judgment and an affidavit.