Consent Judgement (Form 20)

Under rule 114 of the Magistrates Court (Civil Division) Rules 1998 (Tas), the Court may enter judgment in the terms of a consent to judgment filed jointly by the parties. It may be entered in the absence of the parties, a registrar may enter it, and it must be in the approved form. Form 20 is that form: the upper part states the judgment (usually that the claimant recover a sum plus costs, or other terms "as the case may be") and the lower part is the parties' signed consent. A consent judgment is a final judgment under the Rules, so it can be enforced like any other judgment and is hard to undo later.

When you need it

• The parties have agreed that judgment should be entered for the claimant for a set amount and costs.
• A defendant accepts the claim in full or in part and both sides want the claim finalised by judgment.
• You want an enforceable judgment rather than an informal settlement agreement.

1. 1

   Heading

   Enter the court address, action number, claimant and defendant as on the claim.

2. 2

   Terms of judgment

   Complete paragraph 1 with the sum the claimant is to recover and the amount for costs, or replace it with the agreed terms. Delete the alternative that does not apply.

3. 3

   Leave the entry block

   The "Date entered" line and registrar's signature are completed by the registry when the judgment is entered.

4. 4

   Consent

   Date the consent. The form has signature lines for the solicitors for the claimant and the defendant; a party without a solicitor signs for themselves.

5. 5

   Filed by

   Complete the "Filed by" block with the filing party's address for service and contact details.

• The consent must be filed jointly by the parties (r 114(1)), so lodge the form signed by both sides at the registry where the action is being conducted.
• The judgment can be entered without anyone attending (r 114(2)-(3)).
• Once entered, the judgment carries interest under section 26 of the Magistrates Court (Civil Division) Act 1992 and can be enforced, for example by warrant or garnishee order.

• A consent judgment is a final judgment. After entry it can be set aside or varied only if obtained by fraud, if it does not reflect the Court's intention, or if the parties consent (r 112(1)).
• If the agreement is that the defendant pays over time, the Court can order payment by instalments (r 119A). Consider whether the agreed terms should say so.
• If you want an agreed outcome that is not a money judgment, such as directions, a consent order (Form 10) may fit better.