---
title: "Check Victorian approval where a Part 4A group member is under a disability"
url: "https://ailawframework.com/practice/class-actions-representative-proceedings/check-the-further-approval-where-an-injured-group-member-lacks-capacity/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A7-PR20261023-6-VIC"
practice_area: "Class Actions / Representative Proceedings"
tier: "red"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Check Victorian approval where a Part 4A group member is under a disability

> List the date of birth, whether a litigation guardian is recorded, and which approval is sought. The tool writes nothing in any affidavit. Two Victorian approvals may both be required.

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/check-the-further-approval-where-an-injured-group-member-lacks-capacity/victoria  
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. Two Victorian approvals may both be required. |
| What the lawyer must review | Write the application and any affidavit. Use section 33V for the Part 4A settlement, and rule 15.08 for a compromise for a person under disability. File the r 15.08 summons no later than 30 days after the compromise, unless the Court dispenses with it at trial. Do not serve the supporting affidavit. Use Forms 15A and 15B where money is to be paid and they are appropriate. |
| Written for | Victoria |
| 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 settlement approval does not do the work of Victorian r 15.08. In the Supreme Court, s 33V and r 15.08 are separate. 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. Two Victorian approvals may both be required.
- What the lawyer does: The lawyer decides both Victorian 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 of birth and of the compromise from the file.
2. Diary 30 days for the r 15.08 summons.
3. The lawyer writes the affidavit. The tool writes no outline of it.
4. Do not serve that affidavit.

## Notes

- If the work reaches the Supreme Court of Victoria, Practice Note SC GEN 25 requires the lawyer to verify output. Do not put health records into a public AI tool. One AI tool cannot verify another.
- SC GEN 25 calls for particular caution with affidavit material.

## Practical guide

Jurisdiction: Supreme Court of Victoria, Part 4A and r 15.08

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

**Inputs**

- Date of birth
- Date of the compromise
- Whether a litigation guardian is on the file

**Example**: Illustrative example: The group settlement is ready for s 33V approval and the group member is a child. The lawyer also seeks r 15.08 approval and does not serve the supporting affidavit.

**Stop and escalate when**

- Rule 15.08 is skipped because s 33V approval is being sought.
- The tool drafts the affidavit.

Checked 2026-10-23.

## 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)

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