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Step by step guide - Consent judgment or order

Information about asking the court to make a judgement or order.

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

To find out how to apply for a consent judgment or order, follow the steps in the guide on this page.

Any agreement should include ​​​the amount the defendant will pay you and how it will be paid if the claim is about money.

Your agreement should also deal with the payment of legal costs. You may agree that one party will pay costs of the other or that each party will pay their own costs.

You need one form: 

  • ​Form 44 - Consent judgment /order  

You can get copies of the form from: 

You can also complete and file this form online using the NSW Online Regist​ry​. 

You can fill out your form:

  • ​​by completing it on your computer
  • by printing the form and completing it in ​blue or black pen.

To fill in the form you will need to have the following information ready: 

  • ​the case number - you will find this on your sealed copy of the statement of claim which is the copy stamped by the court
  • details of all the parties in the case
  • details of the settlement agreement. 

If there is more than one defendant and you are entering into an agreement with only one defendant, you need to notify all relevant parties before entering into a consent judgment. 

When you have finished filling out the form you need to sign it. The defendant will also need to sign the form to show that they agree to the judgment or order. The signatures do not need to be witnessed. It is useful to send or show a draft of the form to the defendant before you sign the form, in case they ask for any changes. 

Instructions:  Instructions -  consent judgment or order​

Samples:

​​Sample consent judgment

Sample consent order – payment by instalments

Once you have both signed the consent judgment/order form, either you or the defendant will need to take or send the form and two copies to the same local court where you filed the statement of claim. There is no filing fee. 

The court will keep the original and return sealed (stamped) copies to you. 

You do not have to formally serve a copy of the form on the defendant but you should send the​m one of the sealed copies. 

Once you have a consent judgment or order, if the defendant does not do what the judgment or order says they must do, you can take steps to enforce the judgment or order. For more information, see Enforcement.