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					munity Legal Centre or the Public Solici-                for costs should be made; and
tor’s Office. If you need help completing       •        make any other order necessary for the                  UNIVERSITY OF THE SOUTH
these documents, the USP Community Le-                   proper progress of the proceeding.
gal Centre or the Public Solicitor’s Office

may be able to help you.                        For further information, contact:

The court may set aside the default judge-      The Public Solicitor’s Office
ment if the defendant can show that there       PO Box 794

was reasonable cause for not defending the      Port Vila
claim and he or she has an arguable de-         Phone: 23450
fence.                                          Fax: 23451

If the defendant does not apply to have the     USP Community Legal Centre
default judgement set aside within 28 days      USP Emalus Campus
of service of the judgement, the claimant       PMB 9072
may file a sworn statement that the judge-      Port Vila
ment was served on the defendant and apply      Phone: 27026
to the court for an enforcement order.          Fax: 25543

Although the application to set aside default                 Produced with the generous
judgement can be made at any time, it is a                         assistance of
good idea to make the application as soon as
possible. If you delay in making the appli-
cation, you may prejudice your case and/or
the claimant may commence enforcement                        Australian Agency for International
proceedings.                                                            Development

                                                The information contained in this brochure is only intended
At the hearing of an application to set aside     as a guide to the law and is not a substitute for obtaining
default judgement, the court must:              legal advice. If you have any further questions we strongly
                                                                suggest you seek legal advice.
•    give directions about the filing of the
                                                Note: This information applies to people who live in, or are
     defence and other statements of the               affected by, the law as it applies in Vanuatu.
     case; and                                   The information in this brochure is current as at 30 June
•    make an order about the payment of                                    2006.                                A USP COMMUNITY LEGAL
                                                                                                                  CENTRE PRODUCTION
     the costs incurred to date; and                University of the South Pacific Community Legal Centre
•    consider whether an order for security         PMB 9072 Port Vila VANUATU Ph: 27026 Fax: 25543
This brochure outlines the procedure for:          If the claimant makes a written application        to be paid by the defendant, a copy of the no-
                                                   for default judgement and:                         tice stating the date for the conference is also
1.   applying for a default judgement; and                                                            to be served on the defendant.
                                                   •    if the claim against the defendant was
2.   applying to set aside a default judge-
     ment in the Magistrates Court of Vanu-             for damages of a fixed amount, the            If the claimant thinks that it is dangerous to
     atu.                                               written request for judgement against         serve the default judgment personally, the
                                                        the defendant should be in Form 12; or        claimant may arrange for another person to
1. Applying for default judgement                                                                     serve the order or apply to the Court for an
                                                   •    if the claim against the defendant was        order that the default judgment be served by
A default judgment is an order by the Court             for an amount of damages to be decided        an enforcement officer.
given in favour of a claimant if the defendant          by the court, the written request for
fails to defend the claim made against him or           judgement against the defendant should        2. Applying to set aside a default judge-
her. In particular, a claimant can apply for a          be in Form 13.                                ment
default judgement where:
                                                   Forms 12 and 13 may be found in Schedule 3         If you have a default judgement made against
•    the defendant fails to file and serve a       to the Civil Procedure Rules 2002. You may         you, it means that there is a court order
     response or a defence within 14 days of       also obtain a copy of the form from the USP        against you. If you fail to comply with that
     service of the claim; or                      Community Legal Centre or the Public So-           order, then the claimant can take enforcement
•    the defendant files a response but fails to   licitor’s Office. If you need help completing      proceedings. If you do not agree with the
     file a defence within 28 days of service      these documents, the USP Community Legal           claim made against you, or any part of it, you
     of the claim; or                              Centre or the Public Solicitor’s Office may        should apply to the court to have the default
•    the defendant fails to comply with an         be able to help you.                               judgement set aside.
     order of the court; or
•    the defendant does not attend when the        Default judgement cannot be given in the           The application to set aside default judgement
     trial starts.                                 Magistrates Court before the first hearing         can be made at any time and must:
If the defendant has failed to file a defence,                                                        •    be in Form 14;
the claimant must file a sworn statement that      The court may give judgement for the claim-        •    have with it a sworn statement in sup-
the claim and response was personally served       ant for the amount claimed or determined by             port of the application;
on the defendant (a proof of service) before       the court together with interest from the date     •    set out the reasons why the defendant
applying for default judgement.                    of filing the claim at a rate fixed by the court        did not defend the claim; and
                                                   and costs.                                         •    give details of the defendant’s defence
In the Magistrates Court, the claimant can ap-                                                             to the claim.
ply for default judgement orally without the       The claimant must serve a copy of the judge-
need for a written application. However, the       ment on the defendant. If a conference is to       Form 14 may be found in Schedule 3 to the
claimant may make a written application for        be held to determine the amount of damages         Civil Procedure Rules 2002. You may also
default judgement.                                                                                    obtain a copy of the form from the USP Com-