Check Queensland approval where a part 13A group member lacks capacity

MaintainedLast reviewed

Key facts

Human involvement
RedLawyer-led
How AI is used
List the date of birth, whether a litigation guardian is recorded, and which approval is sought. The tool writes nothing in any affidavit. Part 13A approval and r 98 are separate.
What the lawyer must review
  • Write the application and the affidavit.
  • Use section 103R for the part 13A settlement. Rule 98 makes an incapacity compromise ineffective without approval.
  • Confirm the solicitor's affidavit and the litigation guardian's statement that instructions were given.
  • Do not serve that material unless ordered. Public Trustee Act s 59, cited in r 98, was not opened.
Written for / version
Queensland versionQLDNSWVIC

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 Queensland, part 13A and r 98

Produce. The lawyer's application for both approvals, with the dates extracted beside it.

Have ready. Date of birth; Whether a litigation guardian is recorded; The proposed compromise.

Example of the limit. Illustrative example: The part 13A settlement needs s 103R approval and the group member is under a legal incapacity. The lawyer also seeks r 98 approval and does not serve the affidavit unless the court orders it.

Stop and hand it back when

  • Rule 98 is skipped because s 103R is being sought.
  • The tool drafts the affidavit.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceSupporting preparation only. List the date of birth, whether a litigation guardian is recorded, and which approval is sought. The tool writes nothing in any affidavit. Part 13A approval and r 98 are separate. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human.
LawyerPerform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use.

Checklist

  1. Confirm the dates from the file.
  2. The lawyer writes the affidavit stating why the compromise is in the party's best interests.
  3. Do not serve the r 98 material unless ordered.
  4. Do not describe s 59. It was not opened.

Sources

If a submission is filed in the Supreme Court of Queensland, Practice Direction 5 of 2025 requires a named practitioner to verify the references. It is not a general ban on generative AI.

The lawyer writes the affidavit. The tool writes nothing in it.

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