Western Australian Current Regulations

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MAGISTRATES COURT (MINOR CASES PROCEDURE) RULES 2005 - REG 36

36 .         Settling claims involving a person under a legal disability

        (1)         If you make an application for the approval of the settlement of a case in which there is a claim by or against a person under a legal disability, that application —

            (a)         is not required to be served on any other party; and

            (b)         may be dealt with in the absence of the parties.

        (2)         Unless the Court orders otherwise, in addition to the supporting affidavit required under rule 65, your application must be supported by an affidavit of an independent legal practitioner verifying that the settlement is in the best interests of the person under a legal disability.

        (3)         The settlement of a case in which there is a claim by or against a person under a legal disability has effect on and from the day the Court gives its approval to it.

        [Rule 36 amended: Gazette 3 Jun 2008 p. 2145; SL 2022/106 r. 8.]



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