Judgments, Orders, Enforcement, and Appeals
What the exam tests
Judgments, Orders, Enforcement and Appeals tests what happens after trial: the form of judgment, correction, enforcement and appeal routes.
Core rules
- A judgment is a final determination; an order is a direction. Consent orders bind and can be enforced. The slip rule allows correction of clerical mistakes or errors arising from an accidental slip, not a change of substance.
- Default judgment may be set aside if the defendant has a real prospect of success or there is a good reason; delay and prejudice matter.
- Enforcement includes writ of seizure and sale, garnishee proceedings, charging orders, examination of the judgment debtor and insolvency proceedings. A stay of execution may be granted pending appeal.
- An appeal must be filed within the prescribed time after judgment or order. Leave is needed for interlocutory appeals in many regimes. The appellate court reviews errors of law and is slow to overturn findings of fact.
Worked example
A claimant obtains judgment for $200,000. The defendant ignores it but owns a debt owed by a third party. A garnishee order can attach that debt. Before applying, the claimant should check whether the third party is within the jurisdiction and whether the debt is due or accruing due. If the defendant appeals, a stay may be sought.
Traps
Missing the appeal deadline; appealing without leave; enforcing a judgment that is stayed; using the slip rule to change the merits; failing to serve the judgment or order.