---
title: "Check a Victorian compromise made before any proceeding has started"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-compromise-made-before-a-proceeding-has-started/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-ST20261023-2-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Check a Victorian compromise made before any proceeding has started

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-a-compromise-made-before-a-proceeding-has-started/victoria  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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. |
| Written for | Victoria |
| Applies to | [Check a compromise made before a proceeding has started](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-compromise-made-before-a-proceeding-has-started.md) |

## Checking plan

**Verify against sources**

The lawyer decides whether a proceeding exists. The opened approval rule is about a claim in a proceeding.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Record whether a proceeding has been started. Do not assume one.
2. Rule 15.08(1) opens with the words 'Where in a proceeding'. Funds in Court quotes the same words.
3. No Victorian statute requiring approval of a personal injury compromise made before a proceeding was opened.
4. The County Court rule that was opened is also a rule for a compromise in a proceeding.

## Notes

- 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.

## Practical guide

Jurisdiction: Victoria: a compromise made before a proceeding, tested against rule 15.08

**Deliverable**: A short record of whether a proceeding exists, and that the opened approval rule is about a claim in a proceeding.

**Inputs**

- Whether any proceeding has been started
- The proposed compromise

**Example**: 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 escalate when**

- The tool would say a pre-proceeding compromise needs the Court's approval.
- The tool would file an application.

Checked 2026-10-23.

## Sources

- [Supreme Court (General Civil Procedure) Rules 2025 (Vic) rule 15.08](https://www5.austlii.edu.au/au/legis/vic/consol_reg/sccpr2025433/s15.08.html) (checked 2026-10-23)
- [Funds in Court: approvals of compromise](https://fundsincourt.vic.gov.au/for-legal-other-professionals/approvals-of-compromise/) (checked 2026-10-23)
- [County Court Civil Procedure Rules 2018 (Vic) rule 15.08](https://classic.austlii.edu.au/au/legis/vic/consol_reg/cccpr2018380/s15.08.html) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*