Check a Victorian compromise made before any proceeding has started
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, record whether any proceeding has been started and set rule 15.08 beside the proposed compromise. The tool writes nothing that is filed or signed.
- What the lawyer must review
- Decide whether a proceeding has started.
- Apply rule 15.08 only where a proceeding exists.
- Do not require a pre-proceeding approval that rule 15.08 does not state.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: a compromise made before a proceeding, tested against rule 15.08
Produce. A short record of whether a proceeding exists, and that the opened approval rule is about a claim in a proceeding.
Have ready. Whether any proceeding has been started; The proposed compromise.
Example of the limit. Illustrative example: The insurer offers a sum and no proceeding has been issued. The note says rule 15.08, as opened, begins 'Where in a proceeding', and that no pre-proceeding approval statute was opened. The lawyer decides what, if anything, is required before the sum is accepted.
Stop and hand it back when
- The tool would say a pre-proceeding compromise needs the Court's approval.
- The tool would file an application.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record whether a proceeding has been started. Do not assume one.
- Rule 15.08(1) opens with the words 'Where in a proceeding'. Funds in Court quotes the same words.
- No Victorian statute requiring approval of a personal injury compromise made before a proceeding was opened.
- The County Court rule that was opened is also a rule for a compromise in a proceeding.
Sources
- Supreme Court (General Civil Procedure) Rules 2025 (Vic) rule 15.08 · 2026-10-23
- Funds in Court: approvals of compromise · 2026-10-23
- County Court Civil Procedure Rules 2018 (Vic) rule 15.08 · 2026-10-23
Rule 15.08 of the Supreme Court (General Civil Procedure) Rules 2025, in the in-force consolidation, opens with 'Where in a proceeding'. Funds in Court quotes rule 15.08(1) in the same terms. The rule that was opened is about a claim in a proceeding. No Victorian statute requiring approval of a personal injury compromise made before a proceeding was opened.
County Court rule 15.08(1) uses the same opening words. Funds in Court says a similar or identical provision appears in the Magistrates' Court rules. That Magistrates' Court rule was not opened.