Compromise or settlement of matter before proceeding
7.11 Compromise or settlement of matter before proceeding
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:
approving an agreement made by or for the person for compromise or settlement of the claim before any proceeding is started; and
enforcing the claim.
Interested person and person under a legal incapacity are defined in the Dictionary.
Division 9.6 deals with a proceeding by or against a person under a legal incapacity.
An application must be:
in accordance with Form 13; and
accompanied by the following:
an affidavit stating the material facts on which the application relies;
the agreement that is sought to be approved;
an opinion of an independent lawyer that the agreement is in the best interests of the person under a legal incapacity.
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.
The Court may give approval subject to conditions—see rule 1.33.
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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