Consent judgment or order (Form 44)

The court may give judgment, or order that judgment be entered, in the terms of an agreement between the parties if it is satisfied all relevant parties have been notified (UCPR r 36.1A(1)). Form 44 (version 3) is the approved form for recording those agreed terms. Unless there are special reasons, the court must refuse to enter consent orders in terms that restrict disclosure of the judgment or order itself, though the parties' separate settlement agreement may still contain confidentiality terms (r 36.1A(2) and (3)). Once made and entered, the form carries the court seal and the dates the orders were made and entered.

When you need it

• The parties have settled and want the court to enter judgment for an agreed amount or other agreed orders.
• The parties agree on interlocutory or procedural orders (for example timetabling) and want them made without a hearing.
• The parties agree to dismiss proceedings or a cross-claim on agreed terms.

1. 1

   Court details, title and preparation details

   Copy the case details and name the party preparing the form, with their representative's contact details.

2. 2

   Terms

   Choose judgment or order and set out each agreed term in a numbered paragraph, worded as the court would make it (for example "Judgment for the plaintiff against the defendant in the sum of $..."). The form refers to r 36.1A for what may be included.

3. 3

   Signatures

   Each party states that it consents and signs, through its legal representative or personally if unrepresented, with capacity and date. Repeat the block for every party signing.

4. 4

   Seal and signature

   Leave this section blank: the court completes the seal, signature, date made and date entered.

5. 5

   Party details page

   Include the separate party details page only where there are more than two plaintiffs or defendants or there are cross-claims. It is not needed for interlocutory orders.

• File the signed form in the registry of the court where the proceedings are. The NSW Online Registry lists Consent Judgment or Order (UCPR 44) under forms for finalising a case.
• The court must be satisfied all relevant parties have been notified before entering the orders (r 36.1A(1)), so make sure every party affected has signed or been notified.
• A filing fee may apply. Check the current fee schedule of the relevant court.

• The notice printed on the form warns that, subject to limited exceptions, variation of a judgment or order needs an application within 14 days after entry. Read the agreed terms carefully before signing.
• Do not put confidentiality restrictions on the orders themselves; keep them in the separate settlement deed (r 36.1A(2) and (3)).
• If the agreement is for payment over time, say so expressly in the terms so the judgment reflects it.