Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:35:p5
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 35 (pt 5/12)
Character Range: 95264–98007

proceeding by or against a person under a legal incapacity.
 (2) An application must be:
 (a) in accordance with Form 13; and
 (b) accompanied by the following:
 (i) an affidavit stating the material facts on which the application relies;
 (ii) the agreement that is sought to be approved;
 (iii) an opinion of an independent lawyer that the agreement is in the best interests of the person under a legal incapacity.
 (3) The Court may, as a condition of an approval, require that any money or other property payable for the benefit of a person under a legal incapacity be dealt with by way of a settlement or in any other way that the Court considers appropriate.
Note: The Court may give approval subject to conditions—see rule 1.33.
 (4) If the Court does not approve the agreement, the agreement is not binding on the person under a legal incapacity.
Rules 7.12–7.20 left blank

Division 7.3—Preliminary discovery

7.21  Definitions for Division 7.3
  In this Division:
prospective applicant means a person who reasonably believes that there may be a right for the person to obtain relief against another person who is not presently a party to a proceeding in the Court.
prospective respondent means a person, not presently a party to a proceeding in the Court, against whom a prospective applicant reasonably believes the prospective applicant may have a right to obtain relief.

7.22  Order for discovery to ascertain description of respondent
 (1) A prospective applicant may apply to the Court for an order under subrule (2) if the prospective applicant satisfies the Court that:
 (a) there may be a right for the prospective applicant to obtain relief against a prospective respondent; and
 (b) the prospective applicant is unable to ascertain the description of the prospective respondent; and
 (c) another person (the other person):
 (i) knows or is likely to know the prospective respondent's description; or
 (ii) has, or is likely to have, or has had, or is likely to have had, control of a document that would help ascertain the prospective respondent's description.
 (2) If the Court is satisfied of the matters mentioned in subrule (1), the Court may order the other person:
 (a) to attend before the Court to be examined orally only about the prospective respondent's description; and
 (b) to produce to the Court at that examination any document or thing in the person's control relating to the prospective respondent's description; and
 (c) to give discovery to the prospective applicant of all documents that are or have been in the person's control relating to the prospective respondent's description.
Note 1: Control and description are defined in the Dictionary.
Note 2: For how discovery is to be made, see rule 7.25.