---
title: "Advise on an application for orders when a party is in default"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/advise-on-an-application-for-orders-when-a-party-is-in-default"
type: "task"
site: "AI Law Framework"
id: "A5-LA20261022-8"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Advise on an application for orders when a party is in default

> From the orders and the court record supplied, record which act, time, order, hearing or want of diligence is said to be the default, and which order under rule 5.23 is proposed.…

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/advise-on-an-application-for-orders-when-a-party-is-in-default  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the orders and the court record supplied, record which act, time, order, hearing or want of diligence is said to be the default, and which order under rule 5.23 is proposed. Do not decide that the party is in default and do not draft the application. |
| What the lawyer must review | The lawyer decides whether rule 5.22 is met and which order under rule 5.23, if any, should be sought. The note to rule 5.23 says an order or judgment under the Division may be set aside or varied. The lawyer reads the provision that deals with setting aside before advising on that step. The lawyer writes the application. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: From the orders and the court record supplied, record which act, time, order, hearing or want of diligence is said to be the default, and which order under rule 5.23 is proposed. Do not decide that the party is in default and do not draft the application.
- What the lawyer does: The lawyer decides whether rule 5.22 is met and which order under rule 5.23, if any, should be sought. The note to rule 5.23 says an order or judgment under the Division may be set aside or varied. The lawyer reads the provision that deals with setting aside before advising on that step. The lawyer writes the application.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Match the alleged default to a paragraph of rule 5.22.
2. Match the order sought to a paragraph of rule 5.23(1) or 5.23(2).
3. If judgment for a debt is sought, confirm the claim is for a debt or liquidated damages, which is the limit in rule 5.23(2)(b).
4. Confirm the set-aside note is marked for the lawyer to read, and that no test for setting aside has been stated.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Federal Court Rules 2011 (Cth) r 5.22](https://classic.austlii.edu.au/au/legis/cth/consol_reg/fcr2011186/s5.22.html) (checked 2026-10-22)
- [Federal Court Rules 2011 (Cth) r 5.23](https://classic.austlii.edu.au/au/legis/cth/consol_reg/fcr2011186/s5.23.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/advise-on-an-application-for-orders-when-a-party-is-in-default/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*