Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 59.06

Consent judgment or order by filing

    (1)     Unless the Court constituted by a Judge of the Court otherwise orders, if all the parties to a proceeding are agreed upon the terms in which a judgment should be given, or an order made, in the proceeding, a judgment or order in those terms may be sought in accordance with this Rule.

    (2)     A party may file with the Prothonotary a draft of the judgment or order sought in the terms agreed and expressed as being by consent, and signed by the solicitor on the record for each party.

    (3)     The Prothonotary shall, if satisfied that the judgment or order sought is one proper to be made under this Rule, draw up a form of the judgment or order in accordance with the draft and seal the form with the seal of the Court.

    (4)     A judgment or an order in the terms of the form drawn up by the Prothonotary is authenticated when the Prothonotary seals the form with the seal of the Court.

    (5)     A judgment or an order so authenticated shall be taken to be a judgment given or an order made by the Court on the day the draft of the judgment or order was filed with the Prothonotary.

    (6)     The judgment or order

        (a)     shall state that it is given or made under this Rule; and

        (b)     shall show as the date it was given or made the day on which the draft was filed with the Prothonotary.

    (7)     This Rule applies only—

        (a)     where a claim is made for the recovery of a debt, damages or any property, and judgment is sought for any of the following—

              (i)     the payment of a debt, where the amount of the debt is agreed;

              (ii)     the payment of damages, or the value of goods, where the amount of the damages or the value is agreed;

              (iii)     the payment of damages to be assessed, or the value of goods to be assessed;

              (iv)     the possession of land;

              (v)     the delivery of goods;

              (vi)     the delivery of goods or their value to be assessed;

        (b)     to an order sought for any of the following—

              (i)     the dismissal of a proceeding;

              (ii)     the dismissal of an application in a proceeding;

              (iii)     that a party be at liberty to discontinue or withdraw any part of a proceeding, or to discontinue a counterclaim or withdraw any part of it;

              (iv)     the stay of a proceeding, either conditionally or upon terms;

              (v)     to set aside or vary any judgment or order to which Rule 21.07, 24.06 or  46.08 applies;

              (vi)     that a person cease to be a party;

              (vii)     for or with respect to costs including the giving of security for costs;

              (viii)     to stay execution of a judgment or order, either conditionally or upon terms.

    (8)     This Rule does not apply to any judgment or order in a proceeding

        (a)     in which any party has no solicitor in the proceeding or is a person under disability;

        (b)     to which any Chapter of the Rules of the Supreme Court other than Chapter I applies.



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