NSW UCPR [Form 44] Consent Judgment / Order

When is a NSW UCPR [Form 44] Consent Judgment / Order used?

See UCPR 36.1A, 36.11 and 36.12 for more information.
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You MUST use this form if you are preparing draft orders that you will ask the court to make.

For example, where parties have agreed on directions or are seeking directions from the registrar or judge.

These orders are usually prepared in consultation with the other parties in the proceedings.

You may specify ‘Consent judgment’ or ‘Consent order’ rather than ‘Consent judgment/order’ in the title of the form and in the TERMS heading in the form if it is appropriate to do so.

Public Documents

Judgments or orders are public documents.

Therefore, you MUST include the Australian Company Number (“ACN”) of all parties that are companies:

⚖️ Include this information (i.e. the company name plus ACN) in the TITLE OF PROCEEDINGS section if there are up to two plaintiffs and up to two defendants.

⚖️ Include this information (i.e. the company name plus ACN) in the PARTY DETAILS section if there are more than two plaintiffs and/or more than two defendants and/or any cross-claims.

Short Minutes of Order

There is no approved form called ‘Short Minutes of Order’ although some courts, practitioners or practice notes use this expression.

Where a court requests that ‘Short Minutes of Order’ be filed, if the orders are being made with consent of all the parties:

⚖️ Prepare this NSW UCPR [Form 44] Consent Judgment / Order; otherwise

⚖️ Prepare the NSW UCPR [Form 43] Sealed Copy of a Judgment / Order instead and adapt the form accordingly.

Terms of Settlement

Form 44 is also the form to use for settlements (i.e. consent judgments).

There is no approved form called ‘Terms of Settlement’, although some courts and practitioners use this expression.

A signed copy of a consent judgment or order may be handed up in court and the court may make and enter the orders.

If this occurs, you will not receive a sealed copy of the consent judgment or order for your records as a matter of course.

Sealed Copy of the Judgment or Order

You can use the NSW UCPR [Form 43] Sealed Copy of a Judgment / Order to apply for a sealed copy of a consent judgment or order at the registry.

See the Civil Procedure Regulation 2017 (NSW) for the fee if the court furnishes a sealed or certified copy of a judgment or order.

Agreements between parties that the terms shall not be disclosed other than according to law

Unless the court, for special reasons, otherwise orders, the court MUST refuse to give judgment, or order that judgment be entered, in terms that restrict, or purport to restrict, any disclosure of the terms of the judgment or order (see UCPR 36.1A).
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However, the parties may agree that they will keep confidential or not disclose the terms of the judgment or order and this agreement could be recorded in a separate deed, agreement or undertaking.

The agreement could be noted in the judgment or order.

Document Overview:

✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005;

✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing with the Court;

✅ For use in all NSW Court registries for all NSW Courts including Local (General & Small Claims), District (All Lists^), Supreme (Common Law & Equity Divisions) and all Appeals to the NSW Court of Appeal.

Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.

Legal Advice Recommended

The preparation of a Consent Judgement / Order has potential legal & legal cost implications.

In short, due to the complexities involved:

➲ We recommend you contact our legal team to obtain legal advice and guidance.