Hello ladies and gentlemen it's John Dove here and we've had the Civil submissions advocacy Club session tonight so our members have been performing an application to set aside default judgments and so I'm just going to give some general feedback on my thoughts on the application to set aside the fault judgments and and some of the things that I've seen tonight so the first thing I'll start with is structure so the key thing with uh with the structure in relation to this application is you want to start out with a very brief introduction to tell the course effectively what it is that you're asking for and that was set out in the first paragraph in relation to this skeleton argument and you're telling the course what it is that you want and you might want to give the quote on brief facts about the case itself so the background of the sort of litigation um but you don't want to go into too much detail because effectively the facts aren't really particularly relevant to the default judgments application and the risk is if you go on too long you're bore the judge before you get into the the nuts and bolts of the application itself and so with with the applications to set aside default judgment and effectively you have two alternative limbs so either you need to show that you've got a real Prospect of successfully defending the claim or there is some other good reason and what you also need to do is you also need to address the call thought on the promptness of the application now in relation to those points there were cases that were cited within the skeleton arguments so what you will do is you will take the the...
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About Set Aside Application Alberta
A Set Aside Application in Alberta is a legal process whereby a person seeks to have a previous decision or order set aside or declared invalid by the court. It could include a wide range of decisions or orders, such as court judgments, administrative decisions, or arbitration awards. This application is necessary for individuals or parties who are dissatisfied with a previous decision and believe that it should be overturned or set aside due to various reasons. These reasons could include errors in law or procedure, new evidence that was not available during the initial decision, misconduct by one of the parties involved, or other grounds that justify the application. The Set Aside Application allows individuals or parties to present the relevant information, arguments, and evidence to the court, seeking a new decision that cancels or invalidates the previous one. The decision to set aside a judgment or order is ultimately at the discretion of the court, which will consider the merits of the application and the interests of justice before rendering a decision.
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