Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 362A

362A Multiple beneficiaries

(1) If a wrongful death proceeding is brought for the benefit of 2 or more persons (the
"beneficiaries" ), a party to the proceeding may make an offer to settle 1 or more claims in the proceeding by payment of 1 amount to all the beneficiaries without stating how the amount is to be apportioned among the beneficiaries.

(2) If the offer is accepted, none of the amount is to be paid or payable to the plaintiff until the way in which the amount is to be apportioned among the beneficiaries is decided by—

(a) order of the court; or

(b) an agreement that is binding on each of the beneficiaries.

(3) An agreement about apportionment is not binding on a beneficiary who is a person under a legal incapacity unless it is approved by the court under rule 98 or the public trustee acting under the Public Trustee Act 1978 , section 59 .