Can I apply to set aside a judgment?
If a judgment was entered against you — often because you didn't respond in time — you may be able to apply to set it aside. It is not automatic, and timing is critical, so get legal advice before you act.
This guide helps you
- Understand what setting aside a judgment means
- Know the kinds of reasons that may support an application
- See why acting quickly is essential
- Learn what an application generally involves
- Find free legal help to prepare it
7 min
What's happening
To set aside a judgment means to ask the court to cancel it so the case can be looked at properly. This most often arises with a default judgment — one entered because a claim was not responded to in time. Setting aside is a way to reopen the matter, but it is a request to the court, not a right, and the court decides.
Don't ignore it
Time is the enemy here. The longer a judgment stands, the harder it can be to set aside, and meanwhile the creditor may begin enforcement such as a garnishee order or warrant. If you think you have grounds — for example you were not properly served, or you have a real defence — do not wait. Some courts impose time limits on these applications.
Step by step
- Obtain the judgment and court file to understand exactly what was decided and when.
- Identify your reason — common themes include defective service or having an arguable defence.
- Get legal advice on whether an application is realistic and worthwhile.
- Prepare and file the application, usually with a supporting affidavit explaining your circumstances.
- Be ready to also address the underlying debt if the judgment is upheld.
The grounds, forms, fees and timeframes for setting aside differ by court, state and territory — there is no single national rule, so check your court or get advice.
Get legal help
Because these applications are technical and time-sensitive, getting help early makes a real difference. Legal Aid and community legal centres can assess your prospects and help with the paperwork, and a duty lawyer may assist at court. If the judgment ultimately stands and you cannot pay, a financial counsellor on 1800 007 007 can help.
You can locate courts and legal-help services in the bodies directory.
Where to get free help
Reach out to Legal Aid or a community legal centre about your set-aside application, and the National Debt Helpline on 1800 007 007 for the debt itself. The glossary explains terms like affidavit and default judgment.
This is general information only and is not legal advice. Set-aside rules vary and can be time-limited — get advice without delay.
Key takeaways
- Setting aside asks the court to cancel a judgment so the case can be heard.
- Common grounds include defective service or having a genuine defence.
- Applications can be time-limited — act quickly.
- Get legal advice before filing; the process is technical.
Frequently asked questions
Is setting aside guaranteed if I have a defence?
No. The court decides, weighing matters like your reasons and any delay. A genuine defence helps but does not guarantee the outcome.
How long do I have to apply?
It varies by court and circumstances, and delay can hurt your application. Treat it as urgent and get advice straight away.
Do I still owe the debt if the judgment is set aside?
Setting aside reopens the case; it doesn't erase the debt. The claim would then be decided on its merits, so prepare for that too.
This is general information, not legal or financial advice. Your situation is unique and rules can vary by state and over time — for advice on your circumstances, speak to a free financial counsellor (National Debt Helpline 1800 007 007) or get legal help.
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