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Settling your case

Information about steps to take to end the case and write down the terms of your agreement, if you have settled the case.

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    Before agreeing to settle your case you should get legal advice​..

If you settle your case this means that you and the defendant agree on how the case should end. You can settle the case at any time if you and the ​​defendant come to an agreement.​

This section has information about what you can do to make your agreement binding and end the court case.

Before agreeing to settle your case you should get legal advice​.

It’s also a good idea to put the terms of your agreement in writing, for example, in terms of settlement.  

There is no set form for terms of settlement. Terms of settlement can be handwritten at court after discussions between the parties. The document should:

  • ​​set out what will happen to the court case (for example, will the parties ask for a consent judgment or will a notice of discontinuance be filed by a certain date)
  • state if legal costs and interest will be paid
  • state when any payments are to be made and what will happen if the agreed payment is not made.

You can as​k the court to make a judgement or order in the same terms as your agreement. This is called a consent judgment or order. 

If your agreement is that you will no longer be making a claim against the defendant then all you need to do is file a notice of discontinuance. A notice of discontinuance is a form that ends the court case. 

For more information, see Step by step guide - Preparing terms of settlement.

If you and the defendant come to an agreement about your case, you can as​k the court to make a judgement or order in the same terms as your agreement. This is called a consent judgment or order. 

You can ask the court to make a consent judgment or order by filing a form called a consent judgment/order at the court registry. The form must be signed by both parties.

To find out how to apply for a consent judgment or order, see Step by step guide - Consent judgment or order.

A notice of discontinuance is a form which tells the court that you want to end the case.

If your agreement is that you will no longer be making a claim against the defendant then all you need to do is file a notice of discontinuance. It’s also a good idea to put the terms of your agreement in writing (for example, in terms of settlement).

Situations where you might want to stop ('discontinue') your case, include, if:

  • ​you have settled the case
  • you don't think you can win, or
  • you have claimed against the wrong person

Before you decide to stop your case, you should get legal advice. If you discontinue your case, you may be liable (responsible) for the defendant's legal costs, unless you come to an agreement with them that each party will pay their own costs.

If the defendant has already filed a defence, you will need their consent or the court's consent before you can file a notice of discontinuance. 

For more information, see Step by step guide - Notice of discontinuance.