Judgment by consent on filing memorandum
341 Judgment by consent on filing memorandum
On the filing of a memorandum of consent signed by or on behalf of each party in a proceeding, the registrar may – enter judgment in accordance with that memorandum; or require that the matter be dealt with by a judge under rule 340.
If the memorandum of consent so provides, a judgment entered by the registrar may include any or all of the following:a recital of an undertaking given by a party; a notation of an agreement between 2 or more of the parties; an order granting time for a party to do anything under the judgment; an order staying execution absolutely or on specified conditions or for a specified period; an order providing for the payment out of money paid into Court or the interest on that money; any provision as to costs.
The registrar must not enter judgment if the matter – affects the interests of a person under disability; or requires the exercise of a discretion by reference to any matter other than a matter personal to the parties.
A practitioner representing a party is to sign the memorandum on behalf of the party.
If a party is acting in person and is not a practitioner, the registrar is not to enter judgment against that party in accordance with a memorandum unless – the party attends before the Principal Registrar, the Deputy Registrar, the Assistant Deputy Registrar or a district registrar and consents in writing to the judgment in person; or that written consent is attested by a practitioner acting on behalf of that party.
A memorandum of consent and a judgment entered upon it under this rule are to be in accordance with the prescribed form.
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