NSW Consent judgments

[Hellomyonlyfriend]

Why are they used and what are the benefits of them?

 

[Rod]

What issue or problem are you trying to solve?

'by consent' implies both sides get something in return for the consent. Too many examples to list. I do note it is a very useful tool for lawyers to use.

 

[Hellomyonlyfriend]

I am the plaintiff. Civil proceedings. NSW Police. They have made offer.

By consent and without admission of liability

Judgment o State of NSW (defendant)

Terms

No order as to costs.

Criminal proceedings still pending.

 

[Rod]

Pretty standard offer conditions.

Your choice as to whether you accept. possible cost consequences if you do not accept.

 

[Hellomyonlyfriend]

Pretty standard offer conditions.

Your choice as to whether you accept. possible cost consequences if you do not accept.

Essentially, a consent judgment means I cannot reagitate the complaint if I am found not guilty. By that I mean it differentiates from a discontinuance?

 

[Rod]

Essentially, a consent judgment means I cannot re-agitate the complaint if I am found not guilty.

Correct.

Discontinuance means same thing unless there is a right of reinstatement.

Otherwise if you do not like the offer, you risk it and the possibility of an adverse costs order, and adjourn the civil matter till after the criminal proceeding is over.