Disputes in the Magistrates Court can be settled at any stage until judgment is given. The earlier settlement takes place, the less the costs will be.
If your claim or defence has no legal merit, you should settle your case as soon as possible even if it means paying all or some of the other party’s costs to the date of settlement. Get legal advice about what is best in your case.
You should get legal advice about what is best in your case before you agree to settle a claim. This advice is also important to make sure that the agreement:
Our Get help with going to court webpage has information on where you may be able to get help.
This page has information on settling a case before trial, withdrawing acceptance of an offer of settlement, and consent orders.
Disputes in the Magistrates Court can be settled at any stage until judgment is given.
Settlement may occur at the pre-trial conference or at any other stage as a result of negotiations between parties. If proceedings have been started as a general procedure claim in the Magistrates Court, there are rules about:
If you have a minor case claim against a party and that party has offered to settle part or all of your claim, you may accept that offer (or part of it) by lodging and serving a notice of acceptance on the other party. You can do this at any time before the case is listed for a status conference or such other time as is ordered by the court. You must use the form for acceptance of settlement (Form 42).
You should get legal advice before you agree to settle a claim. This advice is also important to make sure that the agreement:
If a party accepts an offer (or part of an offer), of settlement, the party may withdraw an acceptance of an offer in certain circumstances. You should get legal advice.
If a party wants to settle a case or consents to any order, they may lodge a memorandum stating this (using a Form 49). The memorandum of consent orders must be signed by each party before it is lodged with the court.
When the memorandum is lodged, the registrar may make the orders or give the judgment consented to. The registrar cannot make an order to adjourn the trial of a case or extend the time to comply with a rule of court, practice direction or order of the court.
Once the registrar makes the orders consented to, they have the same effect as a judgment made by a magistrate.
You should get legal advice before signing a memorandum of consent orders.
There are special rules for settling claims involving a person under a legal disability (for example, a person under 18) that are not dealt with here. Legal advice should always be sought before trying to finalise these claims.
You may also need to consider the method of agreement you choose and how it may affect your credit rating . You should get legal advice if you are not sure .
Reviewed: 21 February 2024