› management of settlement amount ordered to be held on trust by private trustee
› Parens patriae jurisdiction
› whether person continuing to be under disability
› power of Court to inquire as to whether person remains under a disability and whether now capable of managing financial affairs
› test to be applied
› termination of trust and direction to trustee to pay settlement to plaintiff
Supreme Court Rules 1987 (NT), 15.08, 79.05
[name withheld] (by his next friend [name withheld]) v The Public Trustee [2003] WASC 72; Re Erdogan’s Application [2012] VSC 256; (2012) 36 VR 579; CJ v AKJ [2015] NSWSC 498; Renehan v Leeuwin Ocean Adventure Foundation Ltd [2006] NTSC 28; referred to.
[name withheld], ‘The Incapacitated Plaintiff and Personal Injury Compensation Proceedings’, Paper given at the New South Wales Bar Association: Personal Injury and Common Law Conference, Sydney, 11 March 2017.