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Set aside a neighbour dispute claim order made in your absence

If you do not attend your neighbour dispute claim pre-trial conference or case conference or hearing, you may apply to set aside the order made against you in your absence.

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 case conference 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 - for matters commenced before 1 April 2022, or claimant - for matters commenced on or after 1 April 2022) if you fail to attend court. You will have to comply with the default order, failing which the plaintiff or claimant may start enforcement proceedings against you.

If you are the plaintiff or claimant, 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

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, 3015 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

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