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If you missed a court session

A default order is a court order which may be made against you if you are absent from your pre-trial conference (PTC) or Community Disputes Resolution Tribunals (CDRT) hearing.

If you are the party against whom the claim was filed (the respondent), the court may make a default order in favour of the party who filed the claim (the plaintiff) if you fail to attend court. You will have to comply with the default order, failing which the plaintiff may start enforcement proceedings against you.

If you are the plaintiff, the court may make a default dismissal order against you if you fail to attend court. This means that your claim, or any part of it, will cease.

Set aside a default order

If you are dissatisfied when a default order was made against you in your absence, you may wish to apply to set aside the order. Your application must be filed within 14 days after the date the default order was made.

Note
Filling of an application to set aside does not mean that the default order against you will be automatically set aside.

After filing an application, both you and the other party will have to attend a hearing before a tribunal judge or a registrar, who will then decide whether to allow or dismiss your application.

Key facts

Refer to the following to find out how to apply to set aside a CDRT order.

If you are the party applying to set aside the order, you are the applicant.

The other party is the respondent.

When to file

Within 14 days after the date the default order was made.

When to serve

Within 7 days after the date of filing the set aside application.

Filing fee

$100

How to file

Through the Community Justice and Tribunals System (CJTS).

What you will need

You should prepare the following before you apply:

  • Your claim number.
  • The order number.
  • Your reasons for the application to set aside.
  • A soft copy of supporting documents (if any) in PDF format.

How to file and serve

You will need to follow these steps.

Step

Result

1. Apply to set aside the order

Your application to set aside the order is filed in the CDRT.

2. Serve documents on the other party

The respondent is notified of your intention to set aside the order.

When: within 14 days after the date the default order was made.

Log in to CJTS. Under the Online Applications tab, select Set Aside Application and follow the instructions to fill in the required information.

For detailed instructions, refer to the CJTS user guide for filing neighbour disputes (PDF, 3297 KB).

You will be notified via CJTS. on the next steps. You will also receive a Notice of Hearing to Set Aside stating the date and time you have to attend court in your CJTS case folder.

When: within 7 days after the date of filing the set aside application.

You will have to serve the Notice of Hearing to Set Aside on the respondent.

You may serve the documents through one of the following ways:

Service method

What it is

Personal service

Delivering hard copies of the documents personally to the respondent.

Registered post

Sending hard copies of the documents in an envelope to the last known residential or registered address of the respondent.

CJTS

Submitting soft copies of the documents to the respondent through CJTS.

Others

Delivering the documents by any means as directed by the CDRT.

After you file

You and the respondent will have to attend court on the scheduled date and time mentioned in the Notice of Hearing to Set Aside. This is when a tribunal judge or a registrar will decide whether to allow or dismiss your application.

If your application is allowed, the order will be set aside.

If your application is dismissed, the order stands. The tribunal magistrate or the registrar may also make other orders or give further directions as they deem fit.

Note
You must attend your hearing to set aside. If you are absent, the tribunal magistrate or the registrar may dismiss your application to set aside the default order.

If you receive a Notice of Hearing to Set Aside

If you receive a Notice of Hearing to Set Aside from the applicant and you intend to contest the application, you must file and serve a Reply within 14 days by selecting General Application in CJTS after being served with the application to set aside.

You must also attend court on the date and time mentioned. If you are absent, the tribunal judge or registrar may make a default order against you.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Refer to the Guide to Neighbour Dispute Claims (PDF, 4099 KB).
Refer to Paragraph 141 and 141A of the State Courts Practice Directions for community dispute resolution.
Go to Step-by-step guide

Step-by-step guide

2021/07/23

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