Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 7.11

Compromise or settlement of matter before proceeding

  (1)   If a claim that is enforceable by a proceeding in the Court is made by, for or against a person under a legal incapacity, an interested person may apply to the Court for an order:

  (a)   approving an agreement made by or for the person for compromise or settlement of the claim before any proceeding is started; and

  (b)   enforcing the claim.

Note 1:   Interested person and person under a legal incapacity are defined in the Dictionary.

Note 2:   Division   9.6 deals with a proceeding by or against a person under a legal incapacity.

  (2)   An application must be:

  (a)   in accordance with Form 13; and

  (b)   accompanied by the following:

  (i)   an affidavit stating the material facts on which the application relies;

  (ii)   the agreement that is sought to be approved;

  (iii)   an opinion of an independent lawyer that the agreement is in the best interests of the person under a legal incapacity.

  (3)   The Court may, as a condition of an approval, require that any money or other property payable for the benefit of a person under a legal incapacity be dealt with by way of a settlement or in any other way that the Court considers appropriate.

Note:   The Court may give approval subject to conditions--see rule   1.33.

  (4)   If the Court does not approve the agreement, the agreement is not binding on the person under a legal incapacity.

Rules   7.12-7.20 left blank


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