Key facts
Refer to the following on how to set aside a default order under the simplified proceedings.
Who can file | A party who has had a default order made against them by the PHC. |
Estimated fees | $10 |
How to file | Through the Community Justice and Tribunals System (CJTS). |
What you will need
You will need to provide the following information:
- The claim number.
- The order date.
- Reasons for the setting aside application.
- (If any) Supporting documents, as PDF files. Find out how to prepare such documents in the required format.
How to file and serve
Log in to CJTS. Under the Online Applications tab, select PHC, then select Application to Set Aside Order. For detailed instructions, refer to the CJTS user guide for protection from harassment claims (PDF, 3366 KB).
You must serve the application within the following timelines:
On every other party to the claim to which the order to be set aside relates | Serve within 7 days after the date on which the application is filed. |
On any other person on whom the application is directed to be served | Serve within 14 days (or as the court directs) after the date on which the application is filed. |
You can serve in one or more of the following ways if you know the party’s proper address:
- Leave with that person a copy of the document.
- Post a copy of the document on the front door of that person's proper address.
- Send a copy of that document by registered post to that person's proper address.
Note:
- If you wish to serve in other ways, you must file an application to the court.
- If you do not know the party’s proper address, the court may direct you to serve in other ways, according to Rule 69 of the Supreme Court of Judicature (Protection from Harassment) Rules. Examples include sending an electronic communication of the document to the party’s email address or social media account, where applicable.
Key facts
Refer to the following on how to set aside a default order under the standard proceedings.
Who can file | A party who has had a default order made against them by the PHC. |
Estimated fees | Refer to this table for the list of fees. |
How to file | Through eLitigation. |
What you will need
For the application, you will need to prepare:
- A Summons (Form 60, Rules of Court) (for matters commenced before 1 April 2022).
- A Summons (Form 1 of Appendix A2 of the State Courts Practice Directions 2021) (for matters commenced on or after 1 April 2022).
- (If any) Supporting documents, as PDF files. Find out how to prepare such documents in the required format.
You need to explain your reason for applying in the documents.
Estimated fees
The estimated filing fees include:
Item or service | Fees |
|---|---|
File the Summons | $10 |
File the supporting documents |
|
Note: This table does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.
How to file and serve
File the Summons and supporting documents via eLitigation. You may choose to file personally or through a lawyer. If you are represented by a lawyer, the application will be filed by your lawyer.
If you are not represented by a lawyer, visit the LawNet & CrimsonLogic Service Bureau to file in person. The Service Bureau will notify you via email or SMS of the outcome of your application.
If the court accepts your application documents, you will be asked to return to the Service Bureau to collect the endorsed documents. These will include the date and time of a hearing that you and the other party must attend.
You will need to serve a copy of the application on the other party. You must serve within 14 days after the date of filing the application.
You can serve in one or more of the following ways if you know the party’s proper address:
- Leave with that person a copy of the document.
- Post a copy of the document on the front door of that person's proper address.
- Send a copy of that document by registered post to that person's proper address.
Note:
- If you wish to serve in other ways, you must file an application to the court.
- If you do not know the party’s proper address, the court may direct you to serve in other ways, according to Rule 69 of the Supreme Court of Judicature (Protection from Harassment) Rules. Examples include sending an electronic communication of the document to the party’s email address or social media account, where applicable.
