Respond to an application to set aside a default judgment
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Build a source-tagged chronology of the claim, service, the default and the judgment from the court file and the firm’s records, and compare the proposed defence in the applicant’s material with the claim documents, listing each point the applicant raises and the document that bears on it. The tool writes nothing in the submissions or in any affidavit.
- What the lawyer must review
- The lawyer decides whether to consent or oppose, assesses the bona fide defence, the explanation for the default and any prejudice, decides what costs or conditions to seek, and prepares the evidence and submissions.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Build a source-tagged chronology of the claim, service, the default and the judgment from the court file and the firm’s records, and compare the proposed defence in the applicant’s material with the claim documents, listing each point the applicant raises and the document that bears on it. The tool writes nothing in the submissions or in any affidavit. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Check the chronology entries are taken from the court file and the firm’s records, not from the applicant’s account.
- Confirm the lawyer has assessed the defence on its merits before deciding to consent or oppose.
- Confirm any enforcement step already taken is stayed or protected while the application is heard.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Application to set aside or amend a default decision (QCAT Form 55) | Form | AI use Yellow | Link to QCAT Form 55, used to apply to the tribunal to set aside or amend a decision by default. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Uniform Civil Procedure Rules 2005 (NSW) r 36.16 — Further power to set aside or vary judgment or order · 2026-10-18
- Judicial Commission of NSW Civil Trials Bench Book — Setting aside and variation of judgments and orders · 2026-10-18
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.