Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 15.08

Compromise of claim by a person under disability

    (1)     Where in a proceeding a claim is made by or on behalf of or against a person under disability, no compromise, payment of money or acceptance of an offer of compromise under Order 26, whenever entered into or made, shall so far as it relates to that claim be valid without the approval of the Court.

    (2)     Application for approval shall be by summons filed not later than 30 days after the compromise, payment or acceptance.

    (2.1)     A copy of an affidavit in support of the application shall not be served.

    (3)     The Court may dispense with the requirement of a summons where application for approval is made at the trial of the proceeding.

    (4)     On the application, evidence shall be given of the date of the compromise, payment or acceptance and the date of birth of the person under disability, and the dates shall be stated in any order approving the compromise, payment or acceptance.

    (5)     Where the acceptance of an offer of compromise is approved, the person under disability shall be taken to have made or accepted the offer at the time of approval.

    (6)     Where an order is made approving a compromise by which money is to be paid to a person under disability, the forms of order in Forms 15A and 15B shall, where appropriate, be used.



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