Lodge Default Order
Download the Quick Reference Guide here -
Lodge Default Order
- Completing this form creates a Default Order request which may be reviewed by court staff once submitted.
- Fields marked with a red asterisk (*) are mandatory.
1. Click: FILE ON ONE OF MY CASES
The Cases tab displays within the My Account screen. A list of cases that you have access to display at the bottom of the screen. If the relevant case is visible, skip to step 4.
2. If the case isn't visible, complete a case search, using one or more of the Search Case fields:
- Case Number: Type the case number registered in the CMS.
- Case Name: Type a party name associated with the case.
- First Name: Type a party first name associated with the case.
- Last Name: Type a party surname associated with the case.
- Organisation Name: Type an organisation name associated with the case.
- Case Type: Select the case type.
- Court: Select a court location the case was registered with.
- Status: Select the current case status from the options provided.
- Filing Date: Select filing date period using the calendar icons.
3. Click: Submit
Search results display at the bottom of the page.
4. Click: File a document link under the ACTION column for the relevant case.
The Case Summary screen displays.
5. Click: File a Document link under the ACTION column for the relevant subcase.
The Add Filing screen displays.
6. My Reference field: A system generated reference will display. This can be replaced by any reference useful for plaintiff or legal representation to locate and identify the filing.
7. Complete the Add document fields:
- Code / Name: Start typing the Default and select: Form 21A - Application for order in default of defence. This is an autofill field.
8. Click: Choose File and add the required document to the case.
9. Complete the Details fields:
- Breach: If applicable, select the type of breach.
- Non-Monetary Claim: Displays No. Change if required.
10. Complete the Claim fields:
- Claim Amount: Type the amount in the claim the Aplication for order in default of defence is related to.
- Less amounts paid since claim: Type any payments made since the claim was filed.
11. Complete the Service Attempts fields:
- Number of service attempts: Type the number of attempts made to serve the complaint.
- Distance travelled for service to be effected (km): Type the distance, in kilometres, travelled to serve the complaint.
- Was the complaint, counterclaim or third party notice served personally? Select Yes or No.
12. Complete the Costs fields:
Note: Costs are derived and capped based on the scale of costs and fees claimable by counsel and solicitors in the Civil Jurisdiction of the Magistrates' Court of Victoria.
- Professional Costs $: Type any professional costs incurred for the service.
- Distance Fee $: Displays fee calculated based on Distance travelled for service to be effected (km).
- Default Lodgement Fee $: Type fees for default lodgement.
- Default Professional Costs: Type any professional costs associated with lodgement of Default Order.
- Fee on Claim $: Type any fees associated with claim.
- Attempted Service Fee $: Displays fee calculated based on number of service attempts.
- Search Type: Select the search type, Business or Company.
- Search Fee $: Type any fees associated with performing Search.
- Service Type: Select whether service was delivered Personally or via Regular post.
- Service Fee $: Type any fees associated with service type.
13. Complete the Other Costs fields:
- Necessary Affidavits: Type related necessary affidavits.
- Necessary affidavits details: Type necessary affidavits details.
- Other Costs: Type any additional costs not previously listed.
- Other costs details: If relevant, type an explanation for the additional costs.
14. Complete the Interest fields:
- Manual interest calculation required: Select if manual interest calculation is required. If Yes, a percentage amount field will display.
- From: Select the interest period start date using the calendar icon.
- To: Select the interest period end date using the calendar icon.
- Principal Amount: Type the principal interest amount.
- Percentage %: If a manual interest calculation, input a related interest percentage amount.
- Interest Total: Type the total interest amount.
- Important: If you exceed any amounts set out in the Scale of Costs, you will not be able to proceed until the correct figure/s are entered.
15. Complete the ADDITIONAL panel fields:
- Filed By: Select the party lodging the Default Order.
- Representation: Select the legal representation for the party lodging the Default Order.
- Filed Against: Select the party the Default Order is being lodged against.
- Related Documents: Select related documents to the Default Order.
- Mandatory Documents: Start typing the name of the Code/Name and select relevant document from the results displayed. Click: Choose File and upload the relevant document/s.
- Optional Document: Available optional documents are listed in the panel and vary depending on the claim type.
- Start typing the name of the Code/Name and select relevant document from the results displayed. Click Choose File and upload the relevant document/s.
- Upload Document: Upload PDF copy of the Optional Document/s.
- Fee Waiver: Displays No. Change if required.
- Electronic Signature Consent: Select if you consent to your electronic signature being affixed to the filing of the document.
16. Click: Proceed
The Cart tab displays within the My Account screen displays.
17. Select the item requiring payment.
18. Click: Submit Payment
The Process Payment screen displays.
19. In the Payment Options panel, select a payment method.
Note: Payment options can be added and removed from the My Account screen.
20. Click: Continue
21. If ePayment by Credit/Card is selected, a pop-up box displays. Type your payment details.
22. Click: Make Payment
The Confirmation of Filing displays and you will receive email confirmation of the filing.
- Applications for order in default of defence will be issued automatically in certain circumstances.
- Any applications that have incorrect details entered, or have previous or other costs claimed, will be subject to review by the court and issued manually. An email will be sent once reviewed by registry staff.
- These emails could arrive at the same time.
23. OPTIONAL step: To view the status of the application, click: My Account, then click: Filings tab.
This page was last updated: Sunday 6 November 2022 - 1:04pm