A judgment entered irregularly may not be set aside under Pt 31 r 12A of the District Court Rules where the party seeking to set it aside has taken fresh steps (such as applying to pay by instalments) after becoming aware of the irregularity, as this attracts the operation of s 159(2) of the District Court Act 1973 (NSW). Misconduct or dishonourable conduct is not a prerequisite for setting aside a judgment on the ground of irregularity, but the discretion to set aside must take into account all relevant considerations including prior legal advice and the party's deliberate choice to confess.
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