File Default order

Part of

Work with existing Civil cases

This Quick Reference Guide shows how to file a default order.

 

Prerequisites: Before start:

• Ensure access to existing case in CMS Portal
• Following documents are lodged prior to filing form 21A:
  • Affidavit of service.
  • Overarching obligations certification or Certification of prior overarching obligations certification.
  • Proper basis certification.

 

See Quick Reference Guide:  Request access to a case

 

Note: Completing this form creates a Default Order request which may be viewed by court staff once submitted.

 

1. Log in to Portal. Home screen displays.

2. Click:  File on One of My Cases. Search Case screen displays.

 

Note:

• List of cases that have permitted access displays at bottom of screen. If relevant case is visible in list, click Case Number to access or a link in Action column to file on the case
• This page enables to search by numerous filters
• If viewing is denied, requesting access to case is required

 

See Quick Reference Guide:  Request access to a case

 

3. In Action column for relevant case, click File a document link. Case Summary screen displays.

4. Click:  File a document. Add Filing screen displays.

5. Complete required panels and fields.

 

Panel:  My Reference

Type reference name or number to identify filing.

 

Panel:  Add Document

• Code/Name:    
  • Type: Form 21A
  • Select: Application for order in default

 

Panel:  Details

• Breach: Select type of breach, if required.
• Non-Monetary Claim: Change to Yes if application related to non-monetary claim.

 

Panel:  Claim

• Claim Amount: -
• Less amounts paid since claim: Type amount
• Claim total: -

 

Panel:  Service Attempts

• Number of service attempts: Type number of service attempts, if applicable. Affidavits of attempted service relating to these service attempts should be filed with court prior to filing Default Order.
• Distance travelled for service to be effected (km): Type the kilometre distance claimed in relation to service of complaint, if applicable.
• Was the complaint, counterclaim or third party notice served personally? Select Yes or No.

 

Note: All costs fields are derived and capped on Portal, using scale of costs and fees claimable in Civil Jurisdiction of Magistrates' Court of Victoria.

 

Panel:  Costs

• Professional Costs: Change if required.
• Distance Fee: Change if required.
• Default Lodgement Fee: Type amount.
• Default Professional Costs: Change if required.
• Fee on Claim: Type amount.
• Attempted Service Fee:           - 
• Search Type: Select either:
  • Business
  • Company
• Search Fee: -
• Service Type: Select service type.
• Service Fee: -

 

Panel:  Other Costs

• Necessary Affidavits: Type details of necessary affidavits.
• Necessary affidavits details: Type details in the free text field.
• Other Costs: Type additional costs not previously listed. Any costs claimed outside scale of costs can be added as Other Costs and are reviewed by the court.
• Other cost details: Type explanation for additional costs.

 

Note: Any other costs claimed are subject to review by the court.     

 

Panel:  Interest

• Manual interest calculation required: Select Yes or No. If Yes is selected, a percentage amount field displays.
• From: Select interest period start date using the calendar icon.
• To: Select interest period end date using the calendar icon.
• Principal Amount $: Type amount.
• Interest Total: -

 

Note: If exceeding amounts set out in the Scale of Costs, an error message displays and you're unable to proceed submitting 21A Default Order until correct figure is entered.

 

Panel:  Additional Panels

• Filed By: Select party.
• Representation: Select filing party's legal representation if applicable.
• Filed Against: Select party.
• Related Documents: Select related documents.
• Mandatory Documents: Type document Code/Name and select document from list. All mandatory documents associated with application are listed in this panel.
• Upload Document: Click:  Choose File and add required PDF document to case. All document uploads must be PDF.
• Fee Waiver: Change to Yes if applying for fee waiver.
• Electronic Signature Consent: Select to consent to affixing electronic signature to filing document.

 

6. Click:  Proceed. My Account screen displays.

7. To submit payment, tick box next to Item No. and click:  $ Submit Payment. Process Payment screen displays.

8. In Payment Options panel, select payment method and click:  Continue. Confirmation of Filing screen displays.

 

Note:

• Applications for order in default of defence are granted and orders are made automatically in certain circumstances. Applications requiring consideration by a judicial officer, and/or with alternate interest or other costs claimed, are subject to review by the court and are made manually.
• Acknowledgement for filing email sent to Portal user when document is filed
• An additional email is sent once document is reviewed by registry staff
• Emails may arrive simultaneously if Default Order is automatically approved by Portal

 

9. Click:  My Account. My Account screen displays indicating pending review, accepted, or rejected.