Articles

Vulnerable parties and settlement approvals

Authors: Alexandra Bartlett and Simone Herbert-Lowe (Senior Solicitor, Claims, Lawcover)

Courts can be called upon to approve settlements which involve parties who do not have legal capacity as defined under the Civil Procedure Act 2005 (NSW). Although courts have a protective role in such settlement approval applications, particular care must nonetheless be taken by those acting for vulnerable parties.

This article was first published in the Law Society Journal, December 2015, and is reproduced with permission.

Download PDF of Article