---
title: "Application for order in default of defence (Magistrates' Court Form 21A)"
url: "https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-vic-mcv-21a-default-judgement"
type: "precedent"
site: "AI Law Framework"
id: "a46-form-vic-mcv-21a-default-judgement"
area_id: "A46"
kind: "form"
ai_level: "yellow"
version: 1
task_ids: ["A46-A20260923-1", "A46-X20260927-3"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-vic-mcv-21a-default-judgement  
Law stated as at: 2026-10-22

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

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Debt Recovery & Civil Enforcement](https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement.md)
- Jurisdictions: Victoria
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the official form at mcv.vic.gov.au and the 2 authorities it cites, for Victoria.

## 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](https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/draft-default-or-summary-judgment-papers-from-the-liquidated-file.md)
- [Assemble the service evidence before asking for default judgment](https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/assemble-the-service-evidence-before-asking-for-default-judgment.md)

## 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

## Authorities

- [Magistrates' Court of Victoria, Default judgments (Form 21A)](https://www.mcv.vic.gov.au/civil-matters/default-judgments)
- [Magistrates' Court of Victoria, Form 21A](https://www.mcv.vic.gov.au/form-finder/application-order-default-defence-form-21a)

## Official form

[Official form](https://www.mcv.vic.gov.au/civil-matters/default-judgments)

## 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.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-vic-mcv-21a-default-judgement and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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