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Step by step guide - Consent judgment or order  

Information about filing a consent judgment/ order form in the Small Claims Division - Local Court. 

If you and the plaintiff come to an agreement about the case, you can ask the court to make a judgment in the same terms of 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.

Your agreement should include ​​the amount that you will pay to the plaintiff 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 blank copies of the ​form from:  

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

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 that was served on you
  • details of all the parties in the case 
  • details of the settlement agreement. 

All relevant parties must be notified of an agreement before entering into a consent judgment. 

When you have finished filling out the form you need to sign it. The plaintiff also needs to sign the form to show that they agree to the judgment. The signatures do not need to be witnessed.  It is useful to send or show a draft of the form to the plaintiff 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 plaintiff will need to take or send the form and two copies to the same local court where the statement of claim was filed. 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 other party, but you should send them one of the sealed copies.

Once there is a consent judgment or order, if you do not do what the judgment or order says you must do, the plaintiff can take steps to enforce the judgment against you. For more information, see Respond to enforcement .