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Default vs Court Judgement

People often use these two words interchangeably, but a default and a court judgement aren't the same โ€” and the difference matters. One is added by a creditor when a bill goes unpaid; the other only happens after a creditor takes you to court. Here's how they compare and what each means for your credit file.

5 yearsA default stays on your file
5 yearsA court judgement stays on your file
$150 + 60dMinimum before a default can be listed
s21DPre-listing notice a creditor must issue

Default vs Court Judgement at a Glance

DefaultCourt judgement
What it isA listing by a credit provider that a debt is overdueA court's formal decision that you owe a debt
Who records itThe credit provider, via the credit reporting bodyThe court, through public court records
How it arisesDebt 60+ days overdue, at least $150, after a required noticeA creditor takes you to court over a debt and wins
Credit file duration5 years from the date listed5 years from the date of judgement
Can it be removed?Where the listing breached the rules (e.g. no notice, wrong amount)Where the judgement is set aside by a court or wrongly recorded
Severity signalSerious negative markerGenerally viewed as more serious โ€” legal action occurred

A default is something a creditor adds to your file when a bill goes unpaid for long enough. A court judgement only happens after a creditor takes the next step and takes you to court. One is an administrative listing; the other is a legal ruling.

The Difference, Explained

What's the difference between a default and a court judgement?

A default is a listing added by a credit provider when a debt is at least 60 days overdue (and at least $150), after the provider has issued the required notices. A court judgement is a court's formal decision that you owe a debt, recorded after a creditor takes legal action. A default is administrative; a judgement follows a court process.

Source: OAIC โ€” credit reporting; ASIC Moneysmart

A judgement usually means a creditor has escalated well beyond the default stage โ€” so on a credit file it tends to be read as the more serious of the two.

How Long Each Stays โ€” and Whether It Can Be Removed

How long do a default and a court judgement stay on your file?

In Australia, both a default and a court judgement stay on your credit file for 5 years โ€” a default for 5 years from the date it is listed, and a judgement for 5 years from the date of judgement. This is set by the credit reporting rules under the Privacy Act 1988, and paying the debt does not shorten either period.

Source: OAIC โ€” credit reporting; Privacy Act 1988

Because the clock runs from the listing or judgement date, an older listing may be closer to falling off than you think โ€” worth checking before you assume the worst.

Can a default or a court judgement be removed?

A default can be challenged and removed where it was listed in breach of the credit reporting rules โ€” for example, where the required section 21D notice was not issued, the amount is wrong, or the debt was genuinely in dispute. A court judgement may be removed where it is set aside by a court or has been incorrectly recorded. Whether grounds exist depends on the individual file.

Source: Privacy Act 1988; OAIC โ€” credit reporting

Correctly recorded listings generally can't be removed before their 5-year term ends. The opening question is always whether the listing followed the rules. See our guides to default removal and court judgement removal.

Bottom Line

A default is a creditor-listed overdue debt; a court judgement is a court ruling that you owe money โ€” and both stay on your Australian credit file for 5 years. Neither is removed just by paying, but either can be challenged where it was listed or recorded incorrectly under the Privacy Act 1988.

ER
Reviewed by Elisa Rothschild, BA/LLB

Principal Solicitor & Director, Australian Credit Solutions (ASIC ACL 532003). Elisa leads a lawyer-run credit file correction practice and has worked on credit reporting matters under the Privacy Act 1988 for over a decade. This page is general information, not legal or financial advice.

Related Comparisons & Guides

Sources & methodology

Default & Judgement Questions

What is the difference between a default and a court judgement?
A default is listed by a credit provider when a debt is 60+ days overdue (at least $150) after required notices. A court judgement is a court's formal decision that you owe a debt, recorded after legal action. A default is administrative; a judgement follows a court process.
How long do defaults and court judgements stay on a credit file?
Both stay for 5 years in Australia โ€” a default for 5 years from the listing date, a judgement for 5 years from the judgement date โ€” under the Privacy Act 1988. Paying the debt does not shorten either period.
Can a default or court judgement be removed?
A default can be challenged where it breached the rules (e.g. no section 21D notice, wrong amount, disputed debt). A court judgement may be removed where set aside by a court or wrongly recorded. Grounds depend on the individual file.

A Default or Judgement on Your File?

A free, no-obligation assessment shows you what is listed on your file and whether any listing can be challenged under the Privacy Act 1988. No Win No Fee โ€” you only pay if we succeed.

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Australian Credit Solutions Pty Ltd holds Australian Credit Licence ACL 532003. Credit file correction services are subject to individual assessment and results may vary. This page provides general information only and does not constitute legal or financial advice. Figures are drawn from third-party sources current at the date of publication and may change โ€” always check the original source for the latest data.

Last updated: 14 June 2026 ยท Reviewed by Elisa Rothschild BA/LLB ยท ASIC ACL 532003

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