Check a release in a New South Wales Part 10 settlement
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set each release clause beside this person's other rights. Do not decide that a clause is effective, and do not calculate a refund. Part 10 approval is separate from the signature.
- What the lawyer must review
- Check every clause. The client signs the deed.
- Decide whether this clause purports to exclude Part 3-5 liability. Such a term is void under s 150.
- Require section 173 approval. A signature does not replace it.
- Do not use UCPR r 7.14 as the compromise rule. It is the tutor-commencement rule. Find the compromise rule.
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, Part 10
Produce. A clause comparison settled by the lawyer, with the incapacity rule left unnamed because it was not opened.
Have ready. The draft release; The person's other claims; Whether a party is under a legal incapacity.
Example of the limit. Illustrative example: The deed releases the supplier and a clinic. The lawyer marks the clinic. Section 173 approval does not decide that clause. If the person lacks capacity, the lawyer looks up the compromise rule and does not cite r 7.14 for it.
Stop and hand it back when
- The client signs before the clauses are checked.
- Rule 7.14 is cited as the settlement-approval rule.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Set each release clause beside this person's other rights. Do not decide that a clause is effective, and do not calculate a refund. Part 10 approval is separate from the signature. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- List treatment, other defendants and statutory benefits the clause would release.
- Flag a Part 3-5 exclusion.
- Do not cite r 7.14 as approval of a settlement.
- Leave statutory refunds to their own tasks.
Sources
- Australian Consumer Law, s 150 · 2026-10-23
- Civil Procedure Act 2005 (NSW), s 173 · 2026-10-23
- Uniform Civil Procedure Rules 2005 (NSW), r 7.14 · 2026-10-23
Practice Note SC GEN 23 and District Court General Practice Note 2 prohibit generative AI from generating affidavit content, and require leave before it drafts an expert report. Draw the note to the expert.
Any affidavit is written by the lawyer. Generative AI must not generate its content.