Sample notice of motion to set aside a default judgment
This is an example of a completed notice of motion to set aside a default judgment. It is important to complete this
form using your own details and based on your own circumstances. If you need more help, get legal advice.
Form 20 (version 3)
UCPR 18.1 and 18.3
NOTICE OF MOTION
COURT DETAILS
Court Local Court
Division Small Claims Division
Registry Blacktown
Case number SC20xx/766
TITLE OF PROCEEDINGS
Plaintiff Meena Vishwana
Defendant Fiona Frame trading as Fantastic Florists
FILING DETAILS
Person seeking orders Fiona Frame, defendant
Contact name and telephone Fiona Frame 02 2334 4556
Contact email f.frame@mail.com
PERSON AFFECTED BY ORDERS SOUGHT
Meena Vishwana, plaintiff
HEARING DETAILS
This motion is listed at [ ].
Sample only. This is not legal advice.
Sample notice of motion to set aside a default judgment
This is an example of a completed notice of motion to set aside a default judgment. It is important to complete this
form using your own details and based on your own circumstances. If you need more help, get legal advice.
[on separate page]
ORDERS SOUGHT
1 That judgment entered by default, in favour of the plaintiff, Meena Vishwana, on 22 January
20xx be set aside.
2 That the defendant file a defence within 28 days.
3 That enforcement action be stayed until the application to set aside judgment is decided.
4 That the application for a stay of enforcement be dealt with on an urgent ex parte basis, in
Chambers.
5 That costs of the motion be costs in the cause.
SIGNATURE
#Signature of or on behalf of Fiona Frame
person seeking orders if not
legally represented
Capacity Defendant
Date of signature 25 January 20xx
#NOTICE TO PERSON AFFECTED BY ORDERS SOUGHT
If you do not attend, the court may hear the motion and make orders, including orders for
costs, in your absence.
REGISTRY ADDRESS
Street address 1 Kildare Rd Blacktown
Postal address PO Box 217 Blacktown NSW 2148
Telephone 02 9672 2610
Sample only. This is not legal advice.
Sample notice of motion to set aside a default judgment
This is an example of a completed notice of motion to set aside a default judgment. It is important to complete this
form using your own details and based on your own circumstances. If you need more help, get legal advice.
[on separate page]
[Only include this section if a non-party is (a) seeking orders (ie an applicant), or (b) affected by orders sought (ie
a respondent). Do not include the contact details for any person who is already a party to the proceedings.
"Person" includes a corporation. See Guide to preparing documents for further information about parties and
non-parties in the proceedings]
#FURTHER DETAILS ABOUT APPLICANT
Applicant
[A person is an applicant only if not already a party to the proceedings.]
Name
Address #[unit/level number] #[building name]
[The applicant must give the applicant's
address.] [street number] [street name] [street type]
[suburb/city] [state/territory] [postcode]
#[country (if not Australia)]
#Frequent user identifier [include if the applicant is a registered frequent user]
#Legal representative for applicant[s]
Name [name of solicitor on record]
Practising certificate number
Firm [name of firm]
#Contact solicitor [include name of contact solicitor if different to solicitor on record]
Address #[unit/level number] #[building name]
[street number] [street name] [street type]
[suburb/city] [state/territory] [postcode]
DX address
Telephone
Fax
Email
Electronic service address [#email address for electronic service eg
service@emailaddress.com.au #Not applicable]
#Contact details for applicant acting in person or by authorised officer
#Name of authorised officer
#Capacity to act for applicant
Address for service #as above
[The applicant must give an address for
#[unit/level number] #[building name]
service. This must be an address in
NSW unless the exceptions listed in [street number] [street name] [street type]
UCPR 4.5(3) apply. State "as above" if
the applicant’s address for service is the [suburb/city] [state/territory] [postcode]
same as the applicant's address stated
above.]
Sample only. This is not legal advice.
Sample notice of motion to set aside a default judgment
This is an example of a completed notice of motion to set aside a default judgment. It is important to complete this
form using your own details and based on your own circumstances. If you need more help, get legal advice.
#Telephone
#Fax
#Email
#FURTHER DETAILS ABOUT RESPONDENT[S]
[A person is a respondent only if not already a party to the proceedings.]
Respondent
Name
Address #[unit/level number] #[building name]
[street number] [street name] [street type]
[suburb/city] [state/territory] [postcode]
#[country (if not Australia)]
Sample only. This is not legal advice.
