Test whether a Victorian compromise needs the Court's approval
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, compare the date of birth, the capacity material the lawyer has selected, and whether a proceeding is on foot, and list whether the opened rules require approval before the compromise binds. The tool writes nothing that is filed or signed.
- What the lawyer must review
- Decide whether the person is a child or cannot manage the claim, and whether approval is required.
- Treat the comparison as a screen. Approval, and anything filed, stay with you.
- Check the date of the compromise against the date of birth.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: court approval of a compromise for a person under disability
Produce. A sourced comparison of age, capacity material and claim stage against the approval rules.
Have ready. Date of birth; Capacity material the lawyer selects; Whether a proceeding is on foot.
Example of the limit. Illustrative example: A proceeding is on foot for a child. The note says rule 15.08(1) withholds validity until the Court approves, so far as the claim relates to the child. The lawyer decides whether to seek approval. Nothing is filed by the tool.
Stop and hand it back when
- The tool would say the compromise already binds.
- The tool would prepare a document that is filed.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, compare the date of birth, the capacity material the lawyer has selected, and whether a proceeding is on foot, and list whether the opened rules require approval before the compromise binds. The tool writes nothing that is filed or signed. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Use rule 15.01: a minor, or a person incapable of managing affairs in relation to the proceeding.
- In a proceeding, rule 15.08(1) withholds validity, so far as the claim relates to the person under disability, until the Court approves.
- The Supreme Court text opened in force matches the as-made text on this rule. The County Court rule uses the same opening test.
- The tool writes nothing that is filed or signed.
Sources
- Supreme Court (General Civil Procedure) Rules 2025 (Vic) rule 15.08 · 2026-10-23
- Supreme Court (General Civil Procedure) Rules 2025 (Vic) rule 15.01 · 2026-10-23
- County Court Civil Procedure Rules 2018 (Vic) rule 15.08 · 2026-10-23
- Funds in Court: approvals of compromise · 2026-10-23
Supreme Court (General Civil Procedure) Rules 2025 rule 15.01 defines a person under disability as a minor, or a person incapable, by reason of injury, disease, senility, illness or physical or mental infirmity, of managing affairs in relation to the proceeding. Rule 15.08(1), in the in-force consolidation, says that where in a proceeding a claim is made by or on behalf of or against a person under disability, no compromise, payment of money, or acceptance of an offer of compromise under Order 26, whenever entered into or made, shall so far as it relates to that claim be valid without the approval of the Court. The same words appear in the as-made text. County Court Civil Procedure Rules 2018 rule 15.08(1) uses the same opening test.
Funds in Court says a person under disability is unable to consent to the compromise, so the compromise must be approved by the court to be valid, and that in the Supreme Court the approving court is usually constituted by an Associate Judge. The page says a similar or identical provision appears in the County Court rules and the Magistrates' Court rules. The Magistrates' Court rule was not opened.
If the product supports a court document, apply the note for that court: Supreme Court Practice Note SC GEN 25 (14 May 2026), the County Court practice note on artificial intelligence by court users (9 June 2026), or the Magistrates' Court guidelines issued 19 October 2026. One tool cannot verify another. Do not put confidential or sensitive information into a public tool.