299Compromise by person under disability

### 299 Compromise by person under disability > > (1)  Subject to the [Guardianship and Administration Act 1995](/view/html/inforce/2026-04-12/act-1995-044) , in any proceeding, any settlement, compromise, payment or acceptance of money paid into Court, so far as it relates to a claim for money by or on behalf of a person under disability, is not valid without the approval of the Court or a judge. > > > (2)  [*\[Rule 299 Subrule (2) amended by S.R. 2001, No. 100, Applied:12 Sep 2001\]*](/view/html/inforce/2001-09-12/sr-2001-100#GS8@EN) If, before the start of a proceeding in which a claim for money is made by or on behalf of a person under disability, an agreement is reached for the settlement or compromise of the claim and the parties, by originating application, seek the approval of the Court or a judge of the settlement or compromise, the parties may apply for – > > > > > > (a) that approval and any orders and directions necessary to give effect to the approval or as may be appropriate; or > > > > > > > (b) directions as to the further prosecution of the claim. > > > (3)  An originating application concerning a claim under the [Fatal Accidents Act 1934](/view/html/inforce/2026-04-12/act-1934-030) is to state the particulars mentioned in [section 7](/view/html/inforce/2026-04-12/act-1934-030#GS7@EN) of that Act. > > > (4)  Unless the Court or a judge otherwise orders, an application under this rule is to be supported by – > > > > > > (a) an affidavit by the litigation guardian of the person under disability; and > > > > > > > (b) [*\[Rule 299 Subrule (4) amended by S.R. 2008, No. 128, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/sr-2008-128#GS16@EN) an affidavit by the applicant's practitioner as to the opinion of that practitioner – > > > > > > > > > > (i) indicating any considerations relevant to the settlement or compromise; and > > > > > > > > > > > (ii) exhibiting copies of relevant material appearing in any medical report or hospital record relevant to the claim of the person under disability. > > > (5)  An affidavit under [subrule (4)](#GS299@Gs4@EN) is to be filed in a sealed envelope endorsed with – > > > > > > (a) the title of the action; and > > > > > > > (b) the name of the deponent; and > > > > > > > (c) the date on which the affidavit was sworn; and > > > > > > > (d) a statement that the envelope contains the affidavit of the deponent. > > > (6)  If the approval of the Court or a judge is sought under this rule – > > > > > > (a) it is not necessary for the applicant to deliver a copy of any affidavit filed in support of the application to any other party; and > > > > > > > (b) that other party is not entitled to access the affidavit unless – > > > > > > > > > > (i) the Court or a judge otherwise orders; or > > > > > > > > > > > (ii) the party filing the affidavit consents.