---
title: "Assemble New South Wales costs figures for an incapacity settlement approval"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/assemble-costs-figures-for-approval-of-a-legal-incapacity-settlement/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A42-CS20261023-10-NSW"
practice_area: "Costs, billing & litigation funding"
tier: "red"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Assemble New South Wales costs figures for an incapacity settlement approval

> From the invoices and the settlement figures the lawyer marks, set out the costs breakdown and whether section 76 approval is still required. Do not draft the affidavit or the application.

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/assemble-costs-figures-for-approval-of-a-legal-incapacity-settlement/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Costs, billing & litigation funding](https://ailawframework.com/obligations/costs-billing-and-litigation-funding.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the invoices and the settlement figures the lawyer marks, set out the costs breakdown and whether section 76 approval is still required. Do not draft the affidavit or the application. |
| What the lawyer must review | The lawyer writes anything filed. The tool only organises marked figures. Decide whether section 76(3A) applies on the day of the agreement. Section 8.10(4) is permission for statutory-benefits costs, not approval of the settlement. Do not add an infant as a separate ground. |
| Written for | New South Wales |
| Applies to | [Assemble costs figures for approval of a legal-incapacity settlement](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/assemble-costs-figures-for-approval-of-a-legal-incapacity-settlement.md) |

## Checking plan

**New South Wales approval figures**

The tool organises the figures and notes the section 76 question. The lawyer writes the approval papers.

- What the AI does: From the invoices and the settlement figures the lawyer marks, set out the costs breakdown and whether section 76 approval is still required. Do not draft the affidavit or the application.
- What the lawyer does: Decide whether approval is required and write any document that is filed.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Except with the court's approval, section 76(3) prevents a compromise or settlement of proceedings to which the section applies, and any acceptance of money paid into court, as regards a claim by or on behalf of, or against, a person referred to in section 76(1). That person may be under legal incapacity, may have become so during the proceedings, or may be a person the court finds incapable of managing their affairs.
2. Section 76(3A) removes the need for approval if, on the day the agreement is made, the person has turned 18 and is not otherwise a person referred to in section 76(1). Turning 18 is not enough if the court has found the person incapable of managing their affairs, or if another limb of section 76(1) still applies. The lawyer decides that.
3. Section 8.10(4) lets the Commission permit statutory-benefits costs where the claimant is a person under legal incapacity or exceptional circumstances exist. It is not approval of the settlement.
4. Practice Note SC Gen 23, on the pages opened, warns of false citations and confidentiality risks. Later pages were not opened.

## Notes

- An approved agreement binds the person. A disapproved agreement does not. The Act text does not add an infant limb.
- Practice Note SC Gen 23 commenced on 3 February 2025. The pages opened warn of false citations and of confidentiality risks on a public chatbot. Later pages were not opened.
- Keep medical details in the firm's system. Apply ASCR rule 9 and APP 11, and check whether a Privacy Act 1988 (Cth) breach is notifiable.

## Practical guide

Jurisdiction: New South Wales. Approval under section 76 of the Civil Procedure Act 2005, and Commission permission for statutory-benefits costs where that is a separate question.

**Deliverable**: A costs breakdown and a note of the section 76 question. Not an application or affidavit.

**Inputs**

- Settlement figures
- The person's date of birth and any other incapacity the lawyer marks
- Invoices

**Example**: Illustrative example: The client turned 18 the day before the agreement, and the lawyer is satisfied the client is not otherwise a person referred to in section 76(1). The draft still says approval is always required. The lawyer applies section 76(3A).

**Stop and escalate when**

- The tool has drafted the affidavit.
- Section 8.10(4) is described as approval of the settlement.

Checked 2026-10-23.

## Sources

- [Civil Procedure Act 2005 (NSW) s 76](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s76.html) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW) s 8.10, statutory benefits costs](https://www7.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/maia2017245/s8.10.html) (checked 2026-10-23)
- [Supreme Court of NSW, Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*