Tasmanian Numbered Regulations
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SUPREME COURT RULES 2000 (S.R. 2000, NO. 8) - REG 341
Judgment by consent on filing memorandum
(1) On the filing of a memorandum of consent signed by or on behalf of
each party in a proceeding, the registrar may (a) enter judgment
in accordance with that memorandum; or
(b) require that the matter be dealt
with by a judge under rule 340 .
(2) If the memorandum of consent so provides, a judgment entered by the
registrar may include any or all of the following: (a) a recital of an
undertaking given by a party;
(b) a notation of an agreement between 2 or more
of the parties;
(c) an order granting time for a party to do anything under
the judgment;
(d) an order staying execution absolutely or on specified
conditions or for a specified period;
(e) an order providing for the payment
out of money paid into Court or the interest on that money;
(f) any provision
as to costs.
(3) The registrar must not enter judgment if the matter (a)
affects the interests of a person under disability; or
(b) requires the
exercise of a discretion by reference to any matter other than a matter
personal to the parties.
(4) A practitioner representing a party is to sign the memorandum on
behalf of the party.
(5) 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 (a) 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
(b) that
written consent is attested by a practitioner acting on behalf of that party.
(6) 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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