Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 43.11

11. (1) Where a claim enforceable by a proceeding in the Court is made by or
on behalf of, or against a person under disability and, before the proceeding
is commenced to enforce the claim, an agreement is made by or on behalf of the
person under disability for the compromise or settlement of the claim, the
Court may approve or disapprove the agreement.

(2) An agreement approved by the Court under sub-rule (1) is as binding on the
person under disability by or on whose behalf it is made as if the person
under disability were not a person under disability and, where the agreement
is made by another person on behalf of the person under disability as if that
other person were his agent to make the agreement.

(3) An agreement disapproved by the Court under sub-rule (1) is not binding on
a person under disability by or on whose behalf it is made.

(4) A person shall commence a proceeding by application for approval of an
agreement under this rule, and may, by the application, seek enforcement of
the claim in case the Court does not approve the agreement.

(5) Where, in a proceeding under this rule, the Court does not approve an
agreement but the applicant seeks to enforce the claim, the Court may give
directions for the further conduct of the proceeding.