Settling the case

If you settle the case this means that you and the plaintiff agree on how the case should end. 

This section has information about what you can do to make your agreement binding and​ end the court case.

If you are unsure how or whether to settle your case, you should get legal advice. 

Notice of discontinuance

A notice of discontinuance is a form which tells the court that you want to end the case.

If your agreement is that the plaintiff will not go ahead with a case against you, they can file a notice of discontinuance. If the agreement includes details about the payment of money, it is a good idea to also put the terms of your agreement in writing (for example, in terms of settlement).

For more information, see Notice of discontinuance.​

Terms of settlement

'Terms of settlement' is a document that sets out the agreement between the parties to settle the dispute.

There is no set form for terms of settlement. Terms of settlement can be handwritten at court after discussions between the parties. 

For more information, see Terms of settlement​. 

Consent judgment or order

The case can also be settled by a consent judgment or order. A consent judgment or order is where you and the other party ask the court to make a judgment in the same terms of your agreement. 

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.

For more information, see Consent judgment or order.