Tasmanian Consolidated Regulations

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MAGISTRATES COURT (CIVIL DIVISION) RULES 1998 - REG 23

Application for order approving settlement of proceeding by person under disability
(1)  A litigation guardian or other party to any proceeding may apply to the Court at any stage of the proceeding for an order approving a compromise or settlement of the proceeding.
(2)  Unless the Court otherwise orders, an application is to be supported by –
(a) an affidavit by the litigation guardian; and
(b) an affidavit by the applicant's practitioner as to the opinion of that practitioner –
(i) indicating any considerations relevant to the settlement or compromise; and
(ii) exhibiting copies of relevant material appearing in any medical report or hospital record relevant to the proceeding.
(3)  Any affidavit under subrule (2) is to be filed in a sealed envelope endorsed with –
(a) the title of the proceeding; and
(b) the name of the person who swore the affidavit; and
(c) the date on which the affidavit was sworn; and
(d) a statement that the envelope contains the affidavit.
(4)  A party applying for an order referred to in subrule (1) is not required to serve any other party with a copy of any affidavit filed in support of the application.
(5)  A party who is not served with an affidavit is not entitled to access to that affidavit unless –
(a) the Court otherwise orders; or
(b) the party filing the affidavit consents.



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