Judgment by consent (Rules 340(4) and 341(6)) (Form 23)

Part 11 Division 1 of the Supreme Court Rules 2000 (Tas) provides two routes to a consent judgment. A judge may order that judgment be entered in terms consented to by each party (r 340(1)). Alternatively, on the filing of a memorandum of consent signed by or for each party, the registrar may enter judgment in accordance with it, or refer the matter to a judge (r 341(1)). Neither the judge nor the registrar will enter a consent judgment that affects a person under disability, or that requires a discretion on matters other than those personal to the parties, unless the requirements are met (rr 340(3), 341(3)). A judgment entered by consent must be in the prescribed form (rr 340(4), 341(6)), which is Form 23.

When you need it

• The parties have settled and agreed the terms of a final judgment.
• A judge has ordered that judgment be entered by consent.
• A memorandum of consent signed by or for every party has been filed and the registrar is to enter judgment on it.
• For consent orders on interlocutory matters (not judgment), use a memorandum under rule 528 instead.

1. 1

   Copy the heading

   Use the registry, proceeding number and parties from the writ.

2. 2

   Date of entry

   Leave the date the judgment is dated and entered for the registry. A judgment is entered when it is filed (r 820(4)).

3. 3

   Recite the basis

   Choose the recital: upon the consent of the parties and by order of a judge (or the Court), or upon the filing of a memorandum of consent of a stated date.

4. 4

   Set out the terms

   Number each term of the judgment. If the memorandum provides for it, the judgment may recite undertakings, note agreements, give time to comply, stay execution, provide for payment out of money in Court and deal with costs (r 341(2)).

5. 5

   Signature block

   The judgment is signed By the Court by the Registrar or District Registrar.

• For the registrar route, file the signed memorandum of consent with the draft judgment at the registry where the proceeding is running (rr 83, 341).
• A practitioner signs the memorandum for a represented party (r 341(4)). A self-represented party must either attend before a registrar and consent in writing in person, or have their written consent attested by a practitioner acting for them (r 341(5)).
• Every entered judgment is filed, and the registrar will seal a reasonable number of copies on request (rr 820-821).
• Serve sealed copies on the other parties as needed for compliance or enforcement.

• Make the terms self-contained and enforceable: amounts, dates for payment and who pays costs.
• If a party is a minor or a person under disability, the settlement needs court approval (r 299) and the registrar cannot enter it on a memorandum alone.
• The registrar may still refer a memorandum to a judge (r 341(1)(b)).