Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 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 , for a person under legal incapacity, 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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