---
title: "Check Queensland approval where a part 13A group member lacks capacity"
url: "https://ailawframework.com/practice/class-actions-representative-proceedings/check-the-further-approval-where-an-injured-group-member-lacks-capacity/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A7-PR20261023-6-QLD"
practice_area: "Class Actions / Representative Proceedings"
tier: "red"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

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

> 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.

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/check-the-further-approval-where-an-injured-group-member-lacks-capacity/queensland  
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 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 | Queensland |
| 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**

A Federal Court approval does not do the work of Queensland r 98. Section 103R and r 98 are both required where both apply. The lawyer writes the affidavit.

- What the AI does: 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 does: The lawyer decides both Queensland approvals 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 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Supreme Court of Queensland, part 13A and r 98

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

**Inputs**

- Date of birth
- Whether a litigation guardian is recorded
- The proposed compromise

**Example**: 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 escalate when**

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

Checked 2026-10-23.

## Sources

- [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)

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