Check a proposed release against an injured person's other rights

Key facts

Human involvement
YellowClose supervision
How AI is used
Set each release, bar and deduction clause in the draft beside the other rights named on the file: further treatment, other defendants, and statutory benefits. Do not decide that a clause is effective, and do not calculate a refund.
What the lawyer must review
  • Decide which rights must remain outside the release. The client signs the deed, so check every clause.
  • A term that purports to exclude, restrict or modify Part 3-5 liability is void under s 150.
  • Court approval of the group settlement is separate from the individual's signature. Do not treat one as the other.
  • Do not calculate a Medicare, Centrelink or NDIS refund in this task.
Written for / version
NSWVICQLD

Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD

Who does what

Who does what
RoleWhat they do
AssistanceSet each release, bar and deduction clause in the draft beside the other rights named on the file: further treatment, other defendants, and statutory benefits. Do not decide that a clause is effective, and do not calculate a refund.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. List treatment, other defendants and statutory benefits that the clause would release.
  2. Flag any term that purports to exclude, restrict or modify Part 3-5. The lawyer decides the effect of s 150.
  3. Do not treat court approval of the group settlement as a substitute for reading the individual's release.
  4. Leave Medicare, Centrelink and NDIS refunds to their own tasks.

Sources

These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

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