Check a compromise made before a proceeding has started
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, record whether any proceeding has been started and set the opened pre-action sanction rules beside the proposed compromise. The tool writes nothing that is filed or signed.
- What the lawyer must review
- The lawyer decides whether a proceeding has started and whether a pre-action sanction is required.
- Where the opened rule is about a proceeding, the lawyer applies it only once a proceeding exists.
- The lawyer confirms who may receive the money if a pre-action sanction is given.
Open a jurisdiction version of this task to see which instruments apply: VICNSWQLD
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
- Record the date of the compromise and whether an originating process has been filed.
- In Victoria, apply rule 15.08 only where a proceeding exists, and leave a pre-action gap flagged rather than filled.
- Where section 59(2) or section 75 applies, record who may receive the money and that a disapproved agreement does not bind.
- Write nothing that is filed. The approval application itself is the lawyer's.
Sources
- Supreme Court (General Civil Procedure) Rules 2025 r 15.08 (as made) · 2026-10-23
- Supreme Court (General Civil Procedure) Rules 2025, in force (version 003) · 2026-10-23
- Funds in Court: approvals of compromise · 2026-10-23
- County Court Civil Procedure Rules 2018 r 15.08 (AustLII consolidation) · 2026-10-23
- Public Trustee Act 1978 (Qld) s 59 · 2026-10-23
- Motor Accident Insurance Commission: claim processing and settlement · 2026-10-23
- Uniform Civil Procedure Rules 1999 (Qld) r 98 · 2026-10-23
- Supreme Court of Queensland Practice Direction 15 of 2018 · 2026-10-23
- Civil Procedure Act 2005 (NSW) s 75 · 2026-10-23
- Judicial Commission of NSW: persons under legal incapacity · 2026-10-23
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.