---
title: "List a payment out of money held under section 77"
url: "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"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-ST20261023-4-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# List a payment out of money held under section 77

> 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.

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/new-south-wales  
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 | 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 |
| Written for | New South Wales |
| Applies to | [Ask for a payment from damages held for a person who cannot give a good discharge](https://ailawframework.com/practice/personal-injury-and-compensation/ask-for-a-payment-from-damages-held-for-a-person-who-cannot-give-a-good.md) |

## Checking plan

**Verify against sources**

The list records the request the lawyer is considering. It is not an application.

- What the AI does: 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 does: Check the holder, the sum and the purpose before any request leaves the firm.
- 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. 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.
2. 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.
3. 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.
4. Anything that asks the court for a payment out is written by the lawyer. This list stays in the file.

## Notes

- 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).

## Practical guide

Jurisdiction: New South Wales

**Deliverable**: A file list of the sum, the holder and the purpose the lawyer has marked.

**Inputs**

- The sum asked for
- Who currently holds the money
- The purpose the lawyer has marked

**Example**: 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 escalate when**

- The tool would file a request.
- The holder or the sum is missing.

Checked 2026-10-23.

## Sources

- [Civil Procedure Act 2005 (NSW), section 77](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s77.html) (checked 2026-10-23)
- [NSW Trustee and Guardian Act 2009, section 59](https://classic.austlii.edu.au/au/legis/nsw/consol_act/ntaga2009258/s59.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.*