Adapt a release to sections 75, 76, 151A and 3.40
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Adapt the operative release to the parties, the claims released, the benefits that continue or stop, and the amounts that must be held. Mark where section 75 or section 76 still requires approval before the release binds. Leave Commonwealth compensation-recovery clauses out.
- What the lawyer must review
- The lawyer settles every operative clause and who can sign
- Mark approval as still required unless the opened section says it is not
- Do not put Medicare, Centrelink or NDIS clauses in this release
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales
Produce. A release marked up to the compromise, with approval still flagged where the section requires it.
Have ready. The agreed parties and claims; Whether a proceeding has started; The benefits the lawyer says must stop or be repaid.
Example of the limit. Illustrative example: The release stops weekly statutory benefits under section 3.40(1). It does not say workers compensation ceases, because the damages are not recovered from the employer.
Stop and hand it back when
- Approval is still required and the draft would say the release already binds.
- The draft would add a Medicare clause.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- If no proceeding has started, section 75 means a compromise for a person under legal incapacity binds that person only if the court approves it. If a proceeding is on foot, section 76(3) requires approval of the compromise unless section 76(3A) applies because, on the day of the agreement, the person has turned 18 and is not otherwise a person in section 76(1).
- Benefits that stop or must be repaid are taken from the subsection that fits. Section 151A is only where the damages are recovered from the employer. Section 3.40(1) stops further Division 3.3 weekly statutory benefits and deducts benefits already paid under that Division. Do not write a wider repayment.
- The bench book says that, in general, a compromise for a person under legal incapacity should not be on an inclusive-of-costs basis. The draft marks an inclusive figure for the lawyer. It does not decide the point.
- The release is a document the parties sign. The lawyer reads it before anyone signs. It is not filed by this task.
Sources
- Civil Procedure Act 2005 (NSW), section 75 · 2026-10-23
- Civil Procedure Act 2005 (NSW), section 76 · 2026-10-23
- Workers Compensation Act 1987 (NSW), in force from 1 October 2026, section 151A · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW), in force from 10 June 2026, section 3.40 · 2026-10-23
- Judicial Commission of NSW, Civil Bench Book, compromise and inclusive costs · 2026-10-23
Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).
A tutor can compromise only if the compromise is for the benefit of the person under legal incapacity. The bench book says the court cannot force a compromise against the tutor's opinion. The draft does not say the tutor has approved.