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

# Check further approval where a Part 10 group member lacks capacity

> List the date of birth, whether a tutor is recorded, and which approval is sought. The tool writes nothing in any affidavit. Section 173 does not state the incapacity-compromise rule.

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/check-the-further-approval-where-an-injured-group-member-lacks-capacity/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 | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the date of birth, whether a tutor is recorded, and which approval is sought. The tool writes nothing in any affidavit. Section 173 does not state the incapacity-compromise rule. |
| What the lawyer must review | Write the application and any affidavit. Use section 173 for the Part 10 settlement. It is not the incapacity-compromise rule. Do not cite rule 7.14 as compromise approval. It is the tutor rule for commencing or carrying on a proceeding. Find the compromise rule in the rules in force. Generative AI must not generate the affidavit. |
| Written for | New South Wales |
| Applies to | [Check the further approval where an injured group member lacks capacity](https://ailawframework.com/practice/class-actions-representative-proceedings/check-the-further-approval-where-an-injured-group-member-lacks-capacity.md) |

## Checking plan

**Lawyer-led judgement**

Part 10 approval is s 173. The separate New South Wales compromise rule for a person under legal incapacity was not opened. Rule 7.14 is the tutor rule. The lawyer writes the affidavit and does not borrow a Federal Court form for this approval.

- What the AI does: List the date of birth, whether a tutor is recorded, and which approval is sought. The tool writes nothing in any affidavit. Section 173 does not state the incapacity-compromise rule.
- What the lawyer does: The lawyer identifies the compromise rule, writes the application and writes the affidavit.
- 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. Confirm the date of birth and the tutor from the file.
2. Do not number a compromise rule that was not opened.
3. The lawyer writes the affidavit. The tool writes no outline.
4. Apply SC GEN 23 or the District Court note to that affidavit.

## Notes

- 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.
- The compromise-approval rule number remains unopened on purpose.

## Practical guide

Jurisdiction: Supreme Court or District Court of New South Wales, Part 10, plus the incapacity rule the lawyer identifies

**Deliverable**: The lawyer's application, with the dates extracted and the compromise rule left for the lawyer to identify.

**Inputs**

- Date of birth
- Whether a tutor is recorded
- The proposed settlement

**Example**: Illustrative example: The Part 10 settlement needs s 173 approval and the group member is a child with a tutor. The lawyer seeks the separate compromise approval and does not label r 7.14 as that approval. The affidavit is written by the lawyer.

**Stop and escalate when**

- Rule 7.14 is used as the settlement-approval rule.
- The tool drafts the affidavit.

Checked 2026-10-23.

## Sources

- [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)
- [Supreme Court of New South Wales, Practice Note SC GEN 23](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.*