---
title: "Ask for a payment from damages held for a person who cannot give a good discharge"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/ask-for-a-payment-from-damages-held-for-a-person-who-cannot-give-a-good"
type: "task"
site: "AI Law Framework"
id: "A21-ST20261023-4"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Ask for a payment from damages held for a person who cannot give a good discharge

> In a firm-controlled tool, list the sum asked for, who holds it, the purpose, and the opened path for a payment out. The tool writes nothing that is filed or signed.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/ask-for-a-payment-from-damages-held-for-a-person-who-cannot-give-a-good  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | In a firm-controlled tool, list the sum asked for, who holds it, the purpose, and the opened path for a payment out. The tool writes nothing that is filed or signed. |
| What the lawyer must review | The lawyer decides which fund holds the money and which payment path applies. The lawyer settles any request that is filed. The tool writes nothing that is filed. The lawyer keeps award money under an approval order separate from money paid in under a trustee statute. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Line-by-line review**

Check the holder, the sum and the purpose against the opened payment-out path before any request leaves the firm.

- What the AI does: In a firm-controlled tool, list the sum asked for, who holds it, the purpose, and the opened path for a payment out. The tool writes nothing that is filed or signed.
- What the lawyer does: The lawyer decides which fund holds the money and which payment path applies. The lawyer settles any request that is filed. The tool writes nothing that is filed. The lawyer keeps award money under an approval order separate from money paid in under a trustee statute.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Name the fund that actually holds the money before a path is chosen.
2. Match the purpose to a purpose the opened section allows, and leave any other purpose for the lawyer to decide.
3. Write nothing that is filed. Any affidavit is the lawyer's.
4. Record the sum from the source document, not from a recalculation.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
- Health, wage and capacity records stay in a firm-controlled tool. The lawyer checks confidentiality under the conduct rules that bind the firm, whether the firm is an APP entity, Australian Privacy Principle 11 on security and destruction, and whether a loss would be notifiable under the Privacy Act 1988 (Cth). The serious-harm threshold page was not opened.
- If the request is supported by evidence that will be filed, Practice Note SC GEN 25 and Practice Note SC Gen 23 apply to that evidence, and the tool writes none of it.

## Sources

- [Funds in Court: Trustee Act payments under section 69](https://fundsincourt.vic.gov.au/for-legal-other-professionals/trustee-act-general-payments-under-s-69/) (checked 2026-10-23)
- [Funds in Court: payment of funds into court](https://fundsincourt.vic.gov.au/for-legal-other-professionals/approvals-of-compromise-payment-of-funds-into-court/) (checked 2026-10-23)
- [Public Trustee Act 1978 (Qld) s 59](https://classic.austlii.edu.au/au/legis/qld/consol_act/pta1978179/s59.html) (checked 2026-10-23)
- [Public Trustee of Queensland: sanctions under section 59](https://www.pt.qld.gov.au/about-us/who-we-are/official-solicitor/lawyers-and-insurers-fee-estimates-and-sanctions-under-s59) (checked 2026-10-23)
- [Civil Procedure Act 2005 (NSW) s 77](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s77.html) (checked 2026-10-23)
- [NSW Trustee and Guardian Act 2009 s 59](https://classic.austlii.edu.au/au/legis/nsw/consol_act/ntaga2009258/s59.html) (checked 2026-10-23)
- [Judicial Commission of NSW: persons under legal incapacity](https://www.judcom.nsw.gov.au/publications/benchbks/civil/persons_under_legal_incapacity.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/ask-for-a-payment-from-damages-held-for-a-person-who-cannot-give-a-good/victoria.md) | Yellow |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/ask-for-a-payment-from-damages-held-for-a-person-who-cannot-give-a-good/new-south-wales.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/ask-for-a-payment-from-damages-held-for-a-person-who-cannot-give-a-good/queensland.md) | Yellow |

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