Application by Interested Person for approval of agreement for person under a legal incapacity (Rule 7.11(2)) (Form 13)
Form 13 asks the Federal Court of Australia to approve a settlement made for a minor or a person with a mental disability before a proceeding starts (r 7.11).
Word document from Federal Court of Australia's website.
DraftOur fillable copy of this form has not been through editorial review yet. Check it against Federal Court of Australia's current form before you rely on it.
- Format
- Word (DOCX)
- Category
- Court form
- Form number
- Form 13
- Version
- v65f650a0
- Last verified
- 1 October 2026
Federal Court of Australia · Federal Court Rules 2011
For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.
What Form 13 is for
Rule 7.11 of the Federal Court Rules 2011 deals with a claim enforceable in the Federal Court that is made by, for or against a person under a legal incapacity (a minor or a mentally disabled person). An interested person, being the minor's parent or guardian or the mentally disabled person's guardian, may apply for an order approving an agreement to compromise or settle the claim before any proceeding is started, and enforcing the claim. The application must be in accordance with Form 13. If the Court does not approve the agreement, it does not bind the person under the incapacity (r 7.11(4)).
When you need it
- A claim within the Federal Court's jurisdiction has been settled on behalf of a child or a person with a mental disability and no proceeding has been started.
- You are the child's parent or guardian, or the guardian of the person with a mental disability (the interested person).
- You want the settlement to be binding and enforceable. Settlements reached after a proceeding has started are dealt with under Division 9.6 instead (r 7.11, Note 2).
How to fill it in
- 1
Heading and parties
Fill in the District Registry and Division. Name yourself as the Interested Person and the other side of the claim as the Other Party.
- 2
The application
State your relationship (parent or guardian for a minor, or guardian for a mentally disabled person), the name of the person under the incapacity, and that you seek an order approving the agreement and enforcing the claim.
- 3
Hearing details
Leave the time, date and place blank. The Registry inserts them and an officer signs for the District Registrar.
- 4
Address for service and signature
Give your address for service (place and email) and your residential or business address. Date and sign as the interested person or their lawyer.
Filing, lodging and service
- File the application with an affidavit stating the material facts relied on, the agreement to be approved, and an opinion of an independent lawyer that the agreement is in the best interests of the person under the incapacity (r 7.11(2)(b)).
- File through eLodgment or at a District Registry. The Registry returns it with the hearing time and place for service on the other party.
- A filing fee may apply. Check the Court's current fee schedule.
Common mistakes
- Get the independent lawyer's opinion from a lawyer who is not acting for either side in the negotiation.
- The Court may require money or property for the person under the incapacity to be dealt with by way of a settlement or in another way it considers appropriate (r 7.11(3)).
- The Court can approve subject to conditions (r 1.33), so explain in the affidavit how settlement money will be held.
Frequently Asked Questions
Does a settlement for a child need court approval in the Federal Court?
An agreement made for a person under a legal incapacity that is not approved by the Court is not binding on that person (r 7.11(4)). Form 13 is how an interested person asks for approval before a proceeding starts.
Who is an interested person?
For a minor, the minor's parent or guardian; for a mentally disabled person, their guardian (FCR Dictionary).
What documents go with Form 13?
An affidavit of the material facts, the agreement, and an independent lawyer's opinion that the agreement is in the person's best interests (r 7.11(2)).
Checked against the official sources on 26 October 2026
- Federal Court Rules 2011 (Cth) r 7.11 and Dictionary
- Federal Court of Australia - Form 13
- Federal Court of Australia - Fees
General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.
Field map
12 boxes on the Application by Interested Person for approval of agreement for person under a legal incapacity (Rule 7.11(2)) (Form 13) fill from your matter. 2 are for you to complete: ticks, signatures and anything that needs judgement.
- Our Firm
- Firm name
- Client
- Client email, Client full name(s), Client postal address (full), Client state
- Key Dates
- Current date
- Operator
- User Full Name (first + surname)
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