Question re "marking judgment"

Dandelion6

More from my confusing textbook

In a summary summons matter, if the defendant enters an Appearance, the plaintiff can apply to the Master's Court for liberty to enter final judgment.

If the defendant does not enter an Appearance, and the papers are in order, the plaintiff can mark judgment in the Central Office. If the papers are not in order, then the application must be made to the Court.

My questions:

1) What exactly is the difference between "apply for liberty to enter final judgment" and "mark judgment"?

2) How does the Court deal with an application to mark judgment when the papers are not in order?

Tom Young

Is the issue here that the Defendant needs to enter a Defence? An appearance alone is not enough to stop matters in their tracks.

I'd suggest you look at Order 15 Rule's 31 and 32 of the Rules of the Superior Courts.

Not having the papers in order should stop proceedings ab initio.

Tom

Dandelion6

Tom Young wrote: »

Is the issue here that the Defendant needs to enter a Defence? An appearance alone is not enough to stop matters in their tracks.

According to my textbook a summary summons is only supposed to be used where the defendant has no defence.

I'd suggest you look at Order 15 Rule's 31 and 32 of the Rules of the Superior Courts.

Thanks but they don't really answer my questions

Not having the papers in order should stop proceedings ab initio.

That's what I would have thought, but the book doesn't say that

Tom Young

What text book are you reading?

Dandelion6

It's the book for the Civil Litigation module of the part-time legal executive course at Griffith. It was put together by Griffith themselves (in about an hour, without anyone editing it, by the looks of things...)

Our man in Havana

Normally, if the defendant does not enter an appearance a default judgement can be entered in the central office.

Dandelion6

Thanks Bond, so have I got this correct:

Defendant enters appearance -> plaintiff applies to Master's Court for final judgment -> case closed (assuming no defence arises)
Defendant doesn't enter appearance -> plaintiff applies to Central Office for default judgment -> case closed (assuming papers in order)

I'm still not sure why the plaintiff would apply to the High Court if the papers were not in order, rather than going back and getting their papers in order. Does the High Court actually have anything to do in this situation or is this just a mistake in my book?