---
title: "Check the further approval where an injured group member lacks capacity"
url: "https://ailawframework.com/practice/class-actions-representative-proceedings/check-the-further-approval-where-an-injured-group-member-lacks-capacity"
type: "task"
site: "AI Law Framework"
id: "A7-PR20261023-6"
practice_area: "Class Actions / Representative Proceedings"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Check the further approval where an injured group member lacks capacity

> List the person's date of birth, whether a litigation guardian or tutor is recorded, and which approval the file says is being sought. The tool writes nothing in any affidavit.

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/check-the-further-approval-where-an-injured-group-member-lacks-capacity  
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 | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the person's date of birth, whether a litigation guardian or tutor is recorded, and which approval the file says is being sought. The tool writes nothing in any affidavit. |
| What the lawyer must review | Decide which approvals are required and write the application. Any affidavit in support is the lawyer's. Group-settlement approval and the separate approval for a person under disability are both required where both apply. In New South Wales do not use r 7.14 as the compromise rule. That rule is about commencing by a tutor. Keep health and wage records in a firm-controlled tool. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer decides the approvals, writes the application and the affidavit, and checks the dates.

- What the AI does: List the person's date of birth, whether a litigation guardian or tutor is recorded, and which approval the file says is being sought. The tool writes nothing in any affidavit.
- What the lawyer does: Decide which approvals are required and write the application. Any affidavit in support is the lawyer's. Group-settlement approval and the separate approval for a person under disability are both required where both apply. In New South Wales do not use r 7.14 as the compromise rule. That rule is about commencing by a tutor. Keep health and wage records in a firm-controlled tool.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance. The Commonwealth text opened was the AustLII consolidation.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Confirm the date of birth and the date of the compromise against the file, not against a summary.
2. In Victoria, diary 30 days from the compromise for the r 15.08 summons unless the court dispenses with it at trial.
3. The lawyer writes the affidavit. The tool writes nothing in it, including no outline.
4. Do not serve the Victorian supporting affidavit, or the Queensland r 98 material, unless the rule or an order says to.

## Notes

- 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.

## Sources

- [Supreme Court (General Civil Procedure) Rules 2025 (Vic), r 15.08](https://www5.austlii.edu.au/au/legis/vic/num_reg/sccpr2025n85o2025514/s15.08.html) (checked 2026-10-23)
- [Supreme Court Act 1986 (Vic), s 33V](https://classic.austlii.edu.au/au/legis/vic/consol_act/sca1986183/s33v.html) (checked 2026-10-23)
- [Uniform Civil Procedure Rules 1999 (Qld), r 98](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s98.html) (checked 2026-10-23)
- [Civil Proceedings Act 2011 (Qld), s 103R](https://classic.austlii.edu.au/au/legis/qld/consol_act/cpa2011175/s103r.html) (checked 2026-10-23)
- [Civil Procedure Act 2005 (NSW), s 173](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s173.html) (checked 2026-10-23)
- [Uniform Civil Procedure Rules 2005 (NSW), r 7.14](https://classic.austlii.edu.au/au/legis/nsw/consol_reg/ucpr2005305/s7.14.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/class-actions-representative-proceedings/check-the-further-approval-where-an-injured-group-member-lacks-capacity/new-south-wales.md) | Red |
| [Victoria](https://ailawframework.com/practice/class-actions-representative-proceedings/check-the-further-approval-where-an-injured-group-member-lacks-capacity/victoria.md) | Red |
| [Queensland](https://ailawframework.com/practice/class-actions-representative-proceedings/check-the-further-approval-where-an-injured-group-member-lacks-capacity/queensland.md) | Red |

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