Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p16
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 16/43)
Character Range: 150548–153312

compromise or settlement of any matter in dispute in a proceeding, the litigation representative must apply to the Court for approval of the agreement.
 (2) If the Court approves the agreement, the agreement is binding on the person by or for whom it was made as if:
 (a) the person were not under a legal incapacity; and
 (b) the litigation representative had made the agreement as the person's agent.
 (3) The Court may, as a condition of 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.

9.71  Application by litigation representative for approval of agreement
 (1) An application by a litigation representative for approval of an agreement must be made by filing an interlocutory application.
 (2) The interlocutory application must be accompanied by the following:
 (a) an affidavit stating the material facts on which the application relies;
 (b) the agreement that is sought to be approved;
 (c) an opinion of an independent lawyer that the agreement is in the best interests of the person under a legal incapacity.

Part 10—Service

Division 10.1—Personal service

10.01  Service on individual
  A document that is to be served personally on an individual must be served by leaving the document with the individual.

10.02  Service on corporation
  A document that is to be served personally on a corporation, or on the liquidator or administrator of a corporation, must be served in accordance with section 109X(1) of the Corporations Act 2001.
Note: Section 109X(1) of the Corporations Act 2001 is as follows:
'(1) For the purposes of any law, a document may be served on a company by:
                  (a) leaving it at, or posting it to, the company's registered office; or
                  (b) delivering a copy of the document personally to a director of the company who resides in Australia or in an external Territory; or
                  (c) if a liquidator of the company has been appointed—leaving it at, or posting it to, the address of the liquidator's office in the most recent notice of that address lodged with ASIC; or
                  (d) if an administrator of the company has been appointed—leaving it at, or posting it to, the address of the administrator in the most recent notice of that address lodged with ASIC.'.

10.03  Service on unincorporated association
  A document that is to be served personally on an unincorporated association must be served at the principal place of