QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.362AMultiple beneficiaries
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### sec.362A Multiple beneficiaries
If a wrongful death proceeding is brought for the benefit of 2 or more persons (the beneficiaries ), a party to the proceeding may make an offer to settle 1 or more claims in the proceeding by payment of 1 amount to all the beneficiaries without stating how the amount is to be apportioned among the beneficiaries.
If the offer is accepted, none of the amount is to be paid or payable to the plaintiff until the way in which the amount is to be apportioned among the beneficiaries is decided by—
order of the court; or
an agreement that is binding on each of the beneficiaries.
An agreement about apportionment is not binding on a beneficiary who is a person under a legal incapacity unless it is approved by the court under rule 98 or the public trustee acting under the Public Trustee Act 1978 , section 59 .
r 362A ins 2005 SL No. 65 s 3
amd 2012 SL No. 150 s 24 ; 2014 SL No. 320 s 8
(sec.362A-ssec.1) If a wrongful death proceeding is brought for the benefit of 2 or more persons (the beneficiaries ), a party to the proceeding may make an offer to settle 1 or more claims in the proceeding by payment of 1 amount to all the beneficiaries without stating how the amount is to be apportioned among the beneficiaries.
(sec.362A-ssec.2) If the offer is accepted, none of the amount is to be paid or payable to the plaintiff until the way in which the amount is to be apportioned among the beneficiaries is decided by— order of the court; or an agreement that is binding on each of the beneficiaries.
(sec.362A-ssec.3) An agreement about apportionment is not binding on a beneficiary who is a person under a legal incapacity unless it is approved by the court under rule 98 or the public trustee acting under the Public Trustee Act 1978 , section 59 .
- (a) order of the court; or
- (b) an agreement that is binding on each of the beneficiaries.