This is a simple fact matrix and tutorial activity for civil procedure on default judgment and inadvertent errors by lawyers that you can use for a law school lesson. It includes excerpts from the relevant rules and case law for the ACT jurisdiction in Australia. It can be adapted and amended to suit your own jurisdiction.
Summary: Westaway Cleaning has entered default judgment against Laxon Properties on a dispute over a commerical cleaning agreement. However, Westaway’s lawyers have made an error in the orders which provides an advantage to Laxon. Westaway is now seeking to have the orders set aside on the basis of their own error. The problem provides an opportunity to discuss civil process as well as opportunities for informal resolution and professional responsibilities in litigation.
Issues: contract; advocacy; informal dispute resolution; professional responsibility; defualt judgment