List a payment out of money held under section 77
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the sum asked for, who holds it, the purpose, and that section 77(4) leaves the payee to the court. Write nothing that is filed or signed. Do not decide that section 59 authorises the purpose.
- What the lawyer must review
- The court directs who is paid under section 77(4)
- Section 59 lists purposes. It does not approve this payment
- The lawyer writes anything that is filed
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 file list of the sum, the holder and the purpose the lawyer has marked.
Have ready. The sum asked for; Who currently holds the money; The purpose the lawyer has marked.
Example of the limit. Illustrative example: The money is in court and the lawyer marks past care. The list records the sum, the court as holder, and the purpose. It does not draft a notice of motion.
Stop and hand it back when
- The tool would file a request.
- The holder or the sum is missing.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List the sum asked for, who holds it, the purpose, and that section 77(4) leaves the payee to the court. Write nothing that is filed or signed. Do not decide that section 59 authorises the purpose. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Money paid into court under section 77(2) is paid out to such person as the court directs: section 77(4). The direction may include the NSW Trustee and Guardian if the person is a minor, or the manager of the estate if the person is a protected person.
- Section 59 says the NSW Trustee may apply money of a managed estate towards the debts and engagements of the person and expenses chargeable to the estate, funeral expenses if the person has died, maintenance of the spouse or of a child, parent or other dependant, or of a person the managed person maintained or would be expected to maintain, the proper costs of the care, protection, recovery, sale, mortgage, leasing, disposal and management of the estate, preservation and improvement of the estate, taking up rights to new shares or options, and the maintenance, clothing, medicine and care of the person.
- The list can record which of those purposes the lawyer has marked. It does not decide the purpose is a proper one, and it does not say the NSW Trustee must pay.
- Anything that asks the court for a payment out is written by the lawyer. This list stays in the file.
Sources
- Civil Procedure Act 2005 (NSW), section 77 · 2026-10-23
- NSW Trustee and Guardian Act 2009, section 59 · 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).