Consent Order (Form 10)

Rule 78 of the Magistrates Court (Civil Division) Rules 1998 (Tas) allows the Court or a registrar to make an order in the terms of a written consent filed by a party or their practitioner, in the absence of the parties. The order must be in the approved form, which is Form 10. Some orders cannot be made this way: an order to adjourn a trial, an order extending or changing a time limit fixed by the Rules, an order or a practice direction, and orders in proceedings started by originating application (r 78(2)). The court's civil disputes page says parties who settle can have their settlement agreement made into a court order with this form, which can then be enforced if either side does not keep to the agreement.

When you need it

• The parties have settled and want the agreed terms made into an enforceable court order.
• The parties agree on procedural orders, such as discovery or filing of documents, and want them made without a hearing.
• The order sought is not one excluded by rule 78(2).

1. 1

   Heading

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

2. 2

   Set out the orders

   Write each agreed order as a numbered paragraph after "The Court orders that". Make each one clear and complete, with amounts, dates and who must do what.

3. 3

   Leave the entry block

   The date entered and the Magistrate or Registrar signature are completed by the Court.

4. 4

   Consent and signatures

   Date the consent. The form has signature lines for the solicitors for each party; the court's page says both the claimant and the defendant complete the form, so 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.

• File the signed consent order at the Court registry, as the court's civil disputes page describes.
• The Court or a registrar can make the order without the parties attending (r 78(1)).
• Unless the order says otherwise, anything required by an order must be done within 7 days after the date of the order (r 76(3)).

• Write the dates for payments or steps into the orders. Without them the 7-day default in rule 76(3) applies.
• You cannot use a consent order to adjourn a trial or extend a time limit (r 78(2)); those need an application to the Court.
• If the settlement is that judgment be entered for a sum, a consent judgment (Form 20) may be more suitable.