Western Australian Current Regulations

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RULES OF THE SUPREME COURT 1971 - ORDER 70 RULE 10

10 .         Settlement etc. of action by person under disability

        (1)         No settlement or compromise, and no acceptance of money paid into court, whenever entered into or made, in any cause or matter (other than an appeal to the Court of Appeal) in which there is a claim by or on behalf of or against a person under disability, is valid unless it is approved by the Court.

        (2)         An application for approval under subrule (1) — 

            (a)         if made before the hearing of a cause or matter, must be by summons in chambers;

            (b)         if made during the trial of an action or issue, must be to the trial judge on motion,

                and must be supported by affidavit and by the opinion of an independent counsel; but the Court may dispense with the necessity of obtaining counsel’s opinion.

        (3)         In this rule settlement includes an acceptance of an offer to consent to judgment.

        [Rule 10 inserted: Gazette 7 Oct 1977 p. 3602; amended: Gazette 29 Apr 2005 p. 1795; 28 Jun 2011 p. 2552; SL 2020/242 r. 9(24) and (25).]



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