When is the deadline for supreme court - waiting period after form 36a notice before requesting default judgment in a mortgage action?
The catalogue records a 11 days period from Service of the Form 36A notice on the defendant. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 11 days
- Trigger
- Service of the Form 36A notice on the defendant
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
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- None expressed. The Court may direct that a doubtful default judgment claim be brought before it on motion or by summons (O 13 r 11).
- Added on verification: the researched catalogue mentioned this 11-day floor only in passing in the notes to another entry, but it is a hard precondition to entering default judgment for possession, foreclosure or sale of mortgaged property and practitioners diarise it. Note the two-stage sequence: the Form 36A notice can only be served AFTER the time limited for appearing has expired, and the Form 36B request can only be filed not less than 11 days after that notice is served. "Not less than" engages Interpretation Act 1984 (WA) s 61(1)(f), so both the day of service and the day of filing are excluded. Source: Rules of the Supreme Court 1971 (WA) O 13 r 6, current consolidation [09-am0-00] at legislation.wa.gov.au.