Form · Debt Recovery & Civil Enforcement
Application for order in default of defence (Magistrates' Court Form 21A)
Link to Magistrates' Court Form 21A, the application for an order in default of defence when a served complaint has no defence.
- Kind
- Form. A form to complete, or a guide to completing an official one.
- Where it applies
- Victoria
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the official form at mcv.vic.gov.au and the 2 authorities it cites, for Victoria.
- Version
- 1
- Source
- Link to the official form. Licence: © State of Victoria (Magistrates' Court of Victoria). Link only: download the current form from the official page each time; do not copy or adapt it.
Where this comes from
The official form is published by mcv.vic.gov.au; this page is a completion guide. Last checked on 2026-10-22.
When to use it
Use when a Magistrates' Court civil complaint has been filed and served, 21 days have passed, and no defence has been filed. The Court also requires Form 4A and Form 4B if they are not already on the file. An affidavit in support is a separate document.
Used for these tasks
- Draft default or summary-judgment papers from the liquidated file
- Assemble the service evidence before asking for default judgment
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may check the draft against the current official form and list what is missing; the lawyer settles every statement that will be filed and signs or lodges the form.
AI may
- Check the draft is the current version of the form and list every blank field or missing attachment
- Index the documents on the file that the form calls for, with date and author
- Turn the court's published filing and service steps into a checklist for this matter
AI must not
- Must not write allegations, grounds, orders or figures in words that will be filed
- Must not decide jurisdiction, standing or whether a time limit has been met
- Must not sign, lodge or serve the form
- Must not draft, outline or settle an affidavit, witness statement or other sworn text
The lawyer checks
- Twenty-one days have passed since service, and no defence is on the file
- The complaint is still within 12 months of filing, or the lawyer has checked the dismissal rule on the Court's page
- Form 4A and Form 4B are filed if they are not already filed
- Where the claim is not a debt or liquidated demand, and is not a motor-vehicle repair or total-loss claim only, the lawyer prepares the affidavit in support
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer. Licence: © State of Victoria (Magistrates' Court of Victoria). Link only: download the current form from the official page each time; do not copy or adapt it..
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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