Assess claims under a New South Wales representative-proceeding distribution
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Apply the court-approved scheme to each registered claim: check the scheme's criteria, calculate the entitlement by the scheme's formula, and flag missing evidence or a conflict. Do not approve a claim and do not add a percentage deduction unless the orders state one.
- What the lawyer must review
- Decide every flagged claim and check a sample against the scheme
- Confirm the settlement is approved under section 173
- Approve the entitlement schedule before payment
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Supreme Court of New South Wales, representative proceedings
Produce. A claim worksheet against the approved scheme, with flags and no payment approval.
Have ready. Section 173 approval orders and the scheme; Registration documents; Any deduction the orders state.
Example of the limit. Illustrative example: The orders approve a scheme that pays from purchase records. The worksheet applies that formula and flags a claim whose records conflict with the registration. It does not mark the claim for payment.
Stop and hand it back when
- There is no section 173 approval.
- The worksheet rejects a claim instead of flagging it.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Apply the court-approved scheme to each registered claim: check the scheme's criteria, calculate the entitlement by the scheme's formula, and flag missing evidence or a conflict. Do not approve a claim and do not add a percentage deduction unless the orders state one. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 173: representative proceedings may not be settled or discontinued without the Court's approval. The Court may make such orders as are just for the distribution of money paid under the settlement or into court.
- Use only the approved scheme's criteria and formula.
- Do not apply Supreme Court Act 1986 (Vic) section 33ZDA. No equivalent order is in section 173.
- If a document is filed in the Supreme Court for the approval, follow Practice Note SC Gen 23 on citations and on evidence. The assessment worksheet is not an affidavit.
Sources
- Civil Procedure Act 2005 (NSW) s 173, approval required for settlement · 2026-10-23
- Supreme Court of New South Wales: Practice Note SC Gen 23, use of generative artificial intelligence · 2026-10-23
A deduction that is not in the orders is not made.
The lawyer approves the schedule before payment.