---
title: "Assess claims under a New South Wales representative-proceeding distribution"
url: "https://ailawframework.com/practice/class-actions-representative-proceedings/assess-registered-claims-against-an-approved-settlement-distribution-sch/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A7-D20261018-5-NSW"
practice_area: "Class Actions / Representative Proceedings"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Assess claims under a New South Wales representative-proceeding distribution

> 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.…

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/assess-registered-claims-against-an-approved-settlement-distribution-sch/new-south-wales  
Last reviewed: 2026-10-25

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Class Actions / Representative Proceedings](https://ailawframework.com/practice/class-actions-representative-proceedings.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 |
| Written for | New South Wales |
| Applies to | [Assess registered claims against an approved settlement distribution scheme](https://ailawframework.com/practice/class-actions-representative-proceedings/assess-registered-claims-against-an-approved-settlement-distribution-sch.md) |

## Checking plan

**Verify against sources**

Section 173 requires the Court's approval and allows just orders for distribution. The lawyer checks the flagged claims against the approved scheme.

- What the AI does: 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 does: The lawyer or the scheme administrator decides flagged claims and approves the schedule.
- 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. 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.
2. Use only the approved scheme's criteria and formula.
3. Do not apply Supreme Court Act 1986 (Vic) section 33ZDA. No equivalent order is in section 173.
4. 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.

## Notes

- A deduction that is not in the orders is not made.
- The lawyer approves the schedule before payment.

## Practical guide

Jurisdiction: Supreme Court of New South Wales, representative proceedings

**Deliverable**: A claim worksheet against the approved scheme, with flags and no payment approval.

**Inputs**

- Section 173 approval orders and the scheme
- Registration documents
- Any deduction the orders state

**Example**: 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 escalate when**

- There is no section 173 approval.
- The worksheet rejects a claim instead of flagging it.

Checked 2026-10-23.

## Sources

- [Civil Procedure Act 2005 (NSW) s 173, approval required for settlement](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s173.html) (checked 2026-10-23)
- [Supreme Court of New South Wales: Practice Note SC Gen 23, use of generative artificial intelligence](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.*