Queensland Consolidated Regulations
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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 98
Settlements and compromises
98 Settlements and compromises
(1) A settlement or compromise of a proceeding in which a party is a person
under a legal incapacity is ineffective unless it is approved by the court or
the public trustee acting under the Public Trustee Act 1978 , section 59 .
(2) To enable the court to consider whether a settlement or compromise should
be approved, the litigation guardian for the party must produce to the
(a) an affidavit made by the party’s solicitor stating why the
settlement or compromise is in the party’s best interests; and
statement by the litigation guardian that instructions have been given for the
settlement or compromise of the proceeding; and
(c) any other material the
court may require.
(3) The documents mentioned in subrule (2) are not to be
served on another party unless the court orders otherwise.
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