​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Settlements

If a dispute has reached court, a deed of settlement and release may not be necessary, as terms of settlement can form part of a consent judgment.

If you and the other party reach an agreement after a court case has started, you may be able to write and file: ​

    Hint icon For a helpful tool to use when writing settlements, see Checklist: Writing agreements and settlements.

    Terms of settlement

    'Terms of settlement' is a document that records the agreement to settle a case between parties in dispute.

    When you reach an agreement it is a good idea to put the details of the agreement in writing. The written agreement can be added to the court record if you want or if the court makes an order. The agreement doesn't have to be in any specific form.

    Alert Icon Any agreement to settle should refer to the court proceedings and what will happen to them now that the matter has been settled. For example, the terms of settlement might say that a consent order or judgment will be given, or a Notice of Discontinuance will be filed.

    For an example of what terms of settlement could look like, see Sample Terms of Settlement in the 'Local Court - small claims' section of this website.

    Consent Orders

    Consent Orders are orders agreed to by both parties to a dispute and then made by the court. If you reach an agreement, you may want to have the court make Consent Orders. Consent Orders are generally easier to enforce than an agreement as they have the same effect as a decision of the court. You can agree that Consent Orders will be filed with the court in your Terms of Settlement and write what the Consent Orders will be in that document.

    Consent Orders will usually include parts of the agreement that:

    • say what one party has to pay the other, which is sometimes a compromise amount
    • say when or how payment is to be made
    • say what will happen if payment isn't made, such as the original amount of the claim plus costs and interest being payable
    • say whether one party will pay the other party's costs, or if each party will pay their own costs.

    Not all parts of the terms of settlement have to be part of the consent orders. There may be some parts that the parties want to keep confidential.

    Consent orders should include:

    • the names of the parties and the case details
    • a list, in numbered paragraphs, of the terms of the order the parties have agreed to
    • the names and signatures of each party to the case
    • the court seal and signature of the judicial officer (for example a magistrate) who made the order.

    Once the court seals (stamps) the consent order it becomes an order of the court.

    For an example of what consent orders could look like, see Sample Consent Order in the 'Local Court - small claims' section of this website.

    Notice of Discontinuance

    If the parties come to an agreement to settle after a court case has been started, it does not always mean that consent orders have to be filed to finalise the case. Instead, the party who started the case (the plaintiff or applicant) can file a Notice of Discontinuance. A Notice of Discontinuance is a notice to the court that the plaintiff or applicant is withdrawing their claim and does not want to continue their case.

    A Notice of Discontinuance will usually be filed if the plaintiff and the defendant have agreed that the plaintiff does not want to go ahead with their claim. If the defendant has filed a defence or entered an appearance (indicated that they will be defending the case), in some cases the plaintiff may need to get the defendant's consent (permission) to file the Notice of Discontinuance, or the court's permission.

    Alert Icon In some cases, if you file a Notice of Discontinuance, you may have to pay the other party's costs. Before you file a Notice of Discontinuance, you should get legal advice.

    For an example of what a Notice of Discontinuance could look like, see Sample Notice of Discontinuance in the 'Local Court - small claims' section of this website. ​