Rule 15.08 of the Supreme Court (General Civil Procedure Rules) 2005 states that the application for the approval of a compromise shall be made by summons.

Such summons should be made returnable before an Associate Judge. As applications for approval of compromise are usually not heard in open court, a return date should be obtained from the relevant Associate Judge’s associate prior to the issuing of the summons.

Please follow the associate’s directions as to the filing of the exhibits to the affidavits (which will include the advice of Counsel) and the draft order in form 15A or 15B. Usually in personal injury or Wrongs Act matters the associate will direct that the exhibits and draft order are to be filed at Funds in Court, located at level 5, 469 La Trobe Street (near the Federal Court building).

If the compromise is approved, the solicitors for the plaintiff will usually be requested to engross the order and deliver several copies to the associate to be authenticated by the Judge under Rule 60.02 (rather than being authenticated by the Prothonotary’s Office).