341Judgment by consent on filing memorandum

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.