When does a default judgment occur according to the Queensland UCPR?

A default judgment occurs in the context of the Queensland Uniform Civil Procedure Rules (UCPR) when the defendant fails to file a defence within the time stipulated by the rules. In such a scenario, the plaintiff is entitled to seek a default judgment because the defendant has not contested the claims made against them. This legal mechanism allows the court to grant judgment in favour of the plaintiff without requiring a hearing, given the absence of the defendant’s response.

In contrast, the other options do not accurately represent the conditions under which a default judgment is granted. For instance, a denial of an application for injunction does not pertain to the non-filing of a defence or the absence of a response from the defendant in a civil suit. Similarly, a mutual decision by both parties to withdraw from the case or the failure to reach a settlement implies a different procedural outcome that does not lead to a default judgment since these situations involve either parties actively managing the case or resolving disputes outside of court. The essence of a default judgment hinges specifically on the lack of defence filed by the defendant, making the selection the most accurate reflection of this legal principle.