Default Judgment Application — Notice of Motion (Liquidated Claim)
NSW
Form number: UCPR Form 38
Apply to the NSW Local Court for a default judgment against a defendant who has failed to file a defence or pay within 28 days of being served with a Statement of Claim.
Issuing authority
Local Court of New South Wales
Official source
ucprforms.nsw.gov.auCost
$109 (individual) / $218 (corporation) — effective 1 July 2025
Deadline
Application must be filed within the limitation period; affidavit must be signed within 14 days before filing
How to apply
- Serve the defendant with your Statement of Claim and ensure it has been properly served (keep the affidavit of service).
- Wait at least 28 days from the date of service and confirm the defendant has not filed a defence or paid the claim.
- Download and complete UCPR Form 38 — Notice of Motion: Default Judgment for Liquidated Claim.
- Complete UCPR Form 41 — Affidavit of Service, attaching proof the Statement of Claim was served on the defendant.
- File the original Form 38 and Form 41 at the Local Court registry where the claim was filed, within 14 days of signing the affidavit in the notice of motion.
- Pay the filing fee ($109 for individuals, $218 for corporations, effective 1 July 2025).
- The registrar will determine the application in the absence of both parties — no attendance is required.
- If granted, a judgment is entered against the defendant; you can then pursue enforcement if unpaid.
Related topics
default judgment NSWnotice of motion Form 38UCPR Form 38defendant failed to respondliquidated claim judgmentLocal Court debt recoveryplaintiff judgment applicationno defence filedmoney owed courtjudgment creditor NSWcivil debt NSWstatement of claim servedmagistrates court default
Related forms
FormFinder is not affiliated with any Australian government body. Always verify details on official websites. Not legal advice.
Get this form in FormFinder
Download the app to search, save, and get reminders for this form.
Get early access