Consent to Order (Form 80)

Rule 103.1(3) of the Uniform Civil Rules 2020 (SA) allows a party to consent to an order by filing and serving a consent to order in Form 80. The court may make orders without a hearing if they are by consent (r 15.1(a)), so a filed consent from every affected party can save an attendance. If the consent order is lengthy or detailed, the party seeking it must also file a draft order in Form 79 as an editable Word document (r 103.1(2)). Form 80 is short: it identifies the lodging party and records that the party consents to the orders, which it sets out, sought in a specified application filed by another party on a stated date.

When you need it

• Another party has filed an application (for example a Form 77 interlocutory application) and you agree to some or all of the orders sought.
• The parties want orders made without attending a hearing (r 15.1(a)).
• Not a substitute for a draft order: lengthy or detailed orders also need a Form 79 (r 103.1(2)).

1. 1

   Complete the heading

   Delete all but the correct court, add Court of Appeal, minor civil or the list if applicable, and name the parties with the case number.

2. 2

   Name the lodging party

   Give the full name and capacity of the party consenting and any law firm and solicitor.

3. 3

   Identify the application

   Complete the statement that the lodging party consents to orders sought in the [type of application] of the [party title] filed on [date].

4. 4

   Set out the orders consented to

   List the orders you consent to in numbered paragraphs. Use the same wording and numbering as the application or draft order so the court can see exactly what is agreed.

• File the consent in the case through CourtSA or at a registry.
• Serve it on all other parties in accordance with the rules (r 103.1(3) and the form's service note).
• If the orders are long, the party seeking them files the Form 79 draft order in Word (r 103.1(2)).

• Only list the orders you actually agree to. If you agree to some but not all, the rest remain for the court to decide.
• If every affected party consents, the court can make the orders without a hearing (r 15.1(a)), but it is not bound to; watch for any listing notice.