Sections 75 and 76 of the Civil Procedure Act 2005 (NSW) contain a lacuna: s 76 does not provide machinery for court approval of settlements where proceedings have been commenced against (rather than by) persons under legal incapacity. However, the Court's inherent parens patriae and supervisory jurisdiction is not displaced by these provisions, which are merely facultative machinery. Practitioners seeking approval of settlements involving defendant minors may invoke the Court's inherent jurisdiction.
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