I am try to get a set are side default judgement in magistrate court. Melbourne. No step yet. Is just to help me to get

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Customer: i am try to get a set are side default judgement in magistrate court
JA: What state are you in? It matters because laws vary by location.
Customer: Melbourne
JA: What steps have you taken so far?
Customer: no step yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: is just to help me to get a set aside default judgment letter so i can send to court
Answered by John Melis in 4 mins 1 year ago
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John Melis
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John Melis
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John Melis, Expert

Hi, I’m John Melis, solicitor, and I am in Australia. I want to thank you for taking the time to speak with me today. Your question means a lot to me. If I were in your position, I would feel just as you do. I will give you a direction to consider moving forward.

What you will need to do is a counter claim against the judgement debt.

An Application for Re-hearing is an application heard before a Magistrate in Court to have the final order that has been made against you in your absence set aside. It is not a hearing of the proceeding, itself, but an application to be allowed to have the proceeding re-heard. If successful in your application, the final order is removed which allows the matter to go on and have a hearing at a later stage.

If you have found your name on a credit reference list, even though you have paid the debt in full, the only avenue you have to remove the final order from the court record, is to bring an Application for Re-hearing and convince a Magistrate that the final order should not have been made.

The Re-hearing Application must be filed at the court where the original order was made.

To apply for a Re-hearing you must complete a 46B application form. It is on this form that you must outline the grounds for your application. You must clearly write the case number ***** the top right-hand corner of the form, and the form must be signed.

Don’t fill out the hearing date at the bottom of the form as court staff will do that for you when the application is issued.

You should attach a copy of any pleadings that you may have in your possession in relation to this matter (eg Complaint, Defence).

You must also complete an affidavit in support, which is where you must detail the reasons:

    1. Why you did not file and serve notices of defence; or
    2. Why, after giving notices of defence you did not appear at the pre-hearing conference or at the hearing.
    3. Outline the full particulars of your defence. (Extra pages can be added if you need more room.)
    4. The Affidavit must then be sworn before an authorised person , see list under Related Pages.

Upon receipt of payment of the filing fee (court staff can advise you of the fee, or refer to the Costs and Fees ready Reckoner in the panel to the right) your application will be booked in to be heard by a Magistrate approximately 14 days later, or processed by a Court Registrar.

​I thank you for raising your question on Just Answer.

If there is anything else, big or small, that I can help you with today, please let me know?

Customer
the creditor is asking me to get the set aside form from court
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John Melis, Expert

You can download the form from the court's form section on the mattress is called website.I know it isn’t easy to deal with issues like this, but you’re handling it so well.I can hear your concern and your voice, and if you follow the steps I’ve suggested above, it will give you a direction to go.Please let me know if you have any more questions.
Customer
thanks
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John Melis, Expert

I appreciate your patience as we’ve gone through all of this. If I missed something or you’ve got additional questions, let me know. Otherwise, have an excellent rest of your week.
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