Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) 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:
(a) approving an agreement made by or for the person for compromise or settlement of the claim before any proceeding is started; and
(b) enforcing the claim.
Note 1: Interested person and person under a legal incapacity are defined in the Dictionary.
Note 2: Division 9.6 deals with a proceeding by or against a person under a legal incapacity.
(2) An application must be:
(a) in accordance with Form 13; and
(b) accompanied by the following:
(i) an affidavit stating the material facts on which the application relies;
(ii) the agreement that is sought to be approved;
(iii) an opinion of an independent lawyer that the agreement is in the best interests of the person under a legal incapacity.
(3) 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.
Note: The Court may give approval subject to conditions--see rule 1.33.
(4) If the Court does not approve the agreement, the agreement is not binding on the person under a legal incapacity.
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