Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 1007

Compromises in certain Supreme Court proceedings

    (1)     This rule applies to proceedings in the Supreme Court concerning—

        (a)     the administration of a deceased person's estate; or

        (b)     property the subject of a trust; or

        (c)     the construction of an Act, instrument or other document, involving any matter in which 1 or more people have the same interest or liability.

    (2)     If a compromise affects a person who is not a party but who has the same interest or liability, and the court is satisfied that the compromise will benefit the person, the court may approve a compromise that—

        (a)     1 party has agreed to; or

        (b)     the court has sanctioned on behalf of the party.

    (3)     A compromise under subrule (2) binds the person who is not a party unless the court's approval of the compromise has been obtained by fraud or nondisclosure of material facts.



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