Civil Procedure: Default Judgments & Enforcement of Judgments
This is a key seminar that is attuned to today’s litigation recovery needs. Join a panel of experienced litigators and examine how to obtain a default judgment in each court, deal with setting aside applications, and obtaining a springing order. Learn the options to enforcing civil judgments and some valuable, practical tips to maximise recovery. Plus explore best practice for seeking the enforcement of judgment in bankruptcy and winding up. 2111W04
Description
Attend and earn 3 CPD units in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Darlene Carpenter, Lawyer, Mettam Legal and former Assistant Bailiff, Perth Bailiff’s Office
2.00pm to 3.00pm Default Judgment and Springing Orders
- Default judgment rules in each court
- What is reasonable notice to an opposing party?
- Process where non-monetary remedies sought, such as an injunction
- Setting aside applications
- Assessment of damages
- How to obtain a springing order
- Extending time to comply
- What amounts to compliance?
- What lawyers should do if a springing order is sprung
Presented by Richard Graham, Partner, Vogt Graham Lawyers; author, The Magistrates Court Red Book
3.00pm to 4.00pm Enforcing Civil Judgments
- Options under the Civil Judgments Enforcement Act 2004 (WA): what to choose and why
- Means inquiries: practical tips and maximising recovery
- Instalment orders and earnings appropriation orders: how to obtain them and how to deal with breaches
- Costs orders under the CJEA
- Property seizure and sale orders: when to use and how
- Default inquiries
Presented by Lachlan Palmos, Principal, Palmos Legal
4.00pm to 4.15pm Afternoon Tea
4.15pm to5.15pm Best Practice for Enforcement of Judgments in Bankruptcy and Winding Up
- Issuing and serving notices
- Applications to set aside statutory demands and bankruptcy notices
- Common pitfalls and traps
Presented by Aaron McDonald, Director, Pragma Lawyers
Presenters
Darlene Carpenter
Darlene Carpenter is highly experienced in debt recovery procedures and is primarily concerned with conducting Means Inquiries and Default Inquiries and applying for Property (Seizure & Sale) Orders, Debt Appropriation Orders and Earnings Appropriation Orders.
Richard Graham
Richard Graham is a partner at Vogt Graham Lawyers. He specialises in civil litigation, especially defamation, guardianship and administration in SAT, civil debt recovery and legal costs disputes. He is the author of "The Magistrates Court Red Book". Richard is a member of 2 committees at the Law Society of WA. These are the Courts Committee and the Costs Committee.
Lachlan Palmos
Lachlan is the principal of Palmos Legal Barristers and Solicitors. Lachlan has extensive experience in civil litigation, with particular expertise in debt recovery, property law disputes and insolvency matters. He has been a member of the Law Society of Western Australia Costs Committee since 2015, the current Chairman of the Disciplinary Tribunal for the Western Australian Suburban Turf Cricket Association and also held academic positions at CQU and UWA School of Law.
Aaron McDonald
Aaron is a dispute resolution lawyer and Managing Director at Pragma Lawyers. At the commencement of 2014, Aaron founded Pragma Lawyers in Subiaco with a view to delivering high quality, client-focused and innovative legal advice. The firm employs 18 lawyers and a total of 36 staff. Pragma delivers a cost-effective and client-focused results for its clients. Pragma has been recognised as one of the fastest growing law firm in Australia by Australasian Lawyer Magazine and was nominated as a finalist in the Australian Law Awards and Australasian Lawyer Innovative Firms for 2019 and 2020, was selected for the Australasian Lawyer Employer of Choice for 2019 and 2020 as well as being selected as an Excellence Awardee for Insolvency & Restructuring Deal of the Year 2021. Aaron was a winner in Business News 40under40 Awards 2019, he also volunteers his time for the benefit of improving justice in Western Australia and access to justice committees.
Testimonials
“Extremely useful; good papers, practical advice”
“Great- very relevant to my practice”
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.