---
title: "Check a compromise made before a proceeding has started"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-compromise-made-before-a-proceeding-has-started"
type: "task"
site: "AI Law Framework"
id: "A21-ST20261023-2"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Check a compromise made before a proceeding has started

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-a-compromise-made-before-a-proceeding-has-started  
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, 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. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Separate a compromise made before a proceeding from a compromise made in a proceeding, using only the rules that were opened.

- What the AI does: 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 does: 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.
- 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. Record the date of the compromise and whether an originating process has been filed.
2. In Victoria, apply rule 15.08 only where a proceeding exists, and leave a pre-action gap flagged rather than filled.
3. Where section 59(2) or section 75 applies, record who may receive the money and that a disapproved agreement does not bind.
4. Write nothing that is filed. The approval application itself is the lawyer's.

## 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.

## Sources

- [Supreme Court (General Civil Procedure) Rules 2025 r 15.08 (as made)](https://www5.austlii.edu.au/au/legis/vic/num_reg/sccpr2025n85o2025514/s15.08.html) (checked 2026-10-23)
- [Supreme Court (General Civil Procedure) Rules 2025, in force (version 003)](https://www.legislation.vic.gov.au/in-force/statutory-rules/supreme-court-general-civil-procedure-rules-2025) (checked 2026-10-23)
- [Funds in Court: approvals of compromise](https://fundsincourt.vic.gov.au/for-legal-other-professionals/approvals-of-compromise/) (checked 2026-10-23)
- [County Court Civil Procedure Rules 2018 r 15.08 (AustLII consolidation)](https://classic.austlii.edu.au/au/legis/vic/consol_reg/cccpr2018380/s15.08.html) (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)
- [Motor Accident Insurance Commission: claim processing and settlement](https://maic.qld.gov.au/after-an-accident/claim-processing-and-settlement/) (checked 2026-10-23)
- [Uniform Civil Procedure Rules 1999 (Qld) r 98](https://www.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s98.html) (checked 2026-10-23)
- [Supreme Court of Queensland Practice Direction 15 of 2018](https://www.courts.qld.gov.au/__data/assets/pdf_file/0008/578195/sc-pd-15of2018.pdf) (checked 2026-10-23)
- [Civil Procedure Act 2005 (NSW) s 75](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s75.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/check-a-compromise-made-before-a-proceeding-has-started/victoria.md) | Yellow |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-compromise-made-before-a-proceeding-has-started/new-south-wales.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-compromise-made-before-a-proceeding-has-started/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.*