168Agreements by next friends etc.

168 Agreements by next friends etc. S. 168(1) amended by No. 64/1990 s. 18(2)(a). (1) If any person being a minor or a person under a legal disability is or appears to be entitled to recover damages for bodily injury caused by or arising out of the use of a motor car and any parent or guardian or next friend of the person or any person standing in loco parentis to the person or the Public Trustee (as the case may be) believes that the amount of compensation offered or tendered by or on behalf of the owner or driver of the motor car, the authorized insurer of the motor car or the Incorporated Nominal Defendant (as the case may be) in respect of the bodily injury is reasonable and adequate having regard to— (a) the bodily injury sustained; and S. 168(1)(b) amended by No. 19/1989 s. 16(Sch. item 54.1). (b) the probability or otherwise of the minor or other person under a legal disability succeeding in any proceeding in recovering damages against the owner, driver or authorized insurer or the Incorporated Nominal Defendant— the parent or guardian or next friend or person standing in loco parentis or the Public Trustee (as the case may be) is entitled in the name and on behalf of the minor or other person under a legal disability to enter into an agreement in writing with the owner or driver or authorized insurer or the Incorporated Nominal Defendant to accept the amount of compensation so offered or tendered. (2) Every such agreement— S. 168(2)(a) amended by No. 19/1989 s. 16(Sch. item 54.2). (a) may be lodged with the registrar or deputy registrar of the County Court at the sittings nearest or most convenient to the place of residence of the minor or other person under a legal disability; and S. 168(2)(b) amended by Nos 19/1989 s. 16(Sch. item 54.3), 64/1990 s. 18(2)(b). (b) if so lodged must be accompanied by an affidavit made by the parent, guardian, next friend, person standing in loco parentis, Public Trustee (as the case may be) who entered into the agreement verifying the facts upon which the agreement is based and be supported by such affidavits as are required by the rules made pursuant to this section or by the County Court. S. 168(3) amended by No. 19/1989 s. 16(Sch. item 54.4 (a)(b)). (3) As soon as may be after lodgment of any such agreement the registrar or deputy registrar shall submit it to the County Court. S. 168(4) amended by No. 19/1989 s. 16(Sch. item 54.5). (4) Such an agreement does not have any force or effect until it has been lodged and approved by order of the County Court pursuant to this section and any agreement so lodged which is with the consent of the parties approved in an amended form shall be deemed to have been lodged in the amended form. S. 168(5) amended by No. 19/1989 s. 16(Sch. item 54.6(a)). (5) Every such order shall inter alia make such provisions as the Court thinks proper for— (a) the payment into court of the whole or part of the compensation agreed to be paid; and S. 168(5)(b) amended by No. 19/1989 s. 16(Sch. item 54.6(b)(i)(ii)). (b) the allotment, investment, payment out of court or other application of the compensation (including moneys arising from investment) for the benefit of such minor or other person under a legal disability but the County Court may at any subsequent time (whether by way of variation of a former order or not) make such further order with respect to the allotment, investment, payment out of court or other application of the compensation (including moneys arising from investment) as appears to the Court to be proper having regard to the then existing circumstances. S. 168(6) amended by No. 19/1989 s. 16(Sch. item 54.7). (6) Such order must not be made unless the Court is satisfied with respect to— S. 168(6)(a) amended by No. 64/1990 s. 18(2)(c). (a) the right of the parent, guardian, next friend or other person standing in loco parentis or of the Public Trustee to act for the minor or person under a legal disability; and (b) the reasonableness and adequacy in the circumstances of the amount of compensation; and (c) the genuineness of the agreement. (7) When an order approving any agreement is made, the order— S. 168(7)(a) amended by No. 19/1989 s. 16(Sch. item 54.8). (a) must be recorded without fee by the registrar or deputy registrar in a special register; and (b) is enforceable in all respects as if the same were a judgment of the County Court. (8) When such order has been complied with by such owner, driver or authorized insurer or the Incorporated Nominal Defendant such owner, driver or authorized insurer or the Incorporated Nominal Defendant (as the case may be) shall be released and discharged from all liability to the minor or person under a legal disability (as the case may be) in respect of the bodily injury. (9) The judges of the County Court may make rules for the purposes of carrying this section into effect. (10) Nothing in the **County Court Act 1958** shall be deemed to limit the operation of this section. (11) Nothing in this section shall apply in any case where any action has been commenced by or on behalf of any minor or person under a legal disability for the recovery of damages for bodily injury caused by or arising out of the use of a motor car in Victoria.