Check a pre-proceeding compromise under section 75
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record whether any proceeding has started. If none has, set section 75 beside the proposed compromise. Write nothing that is filed or signed. If a proceeding has started, stop and leave the question to section 76.
- What the lawyer must review
- Use section 75 only before proceedings have started
- A disapproved agreement does not bind
- The bench book says the application is by summons
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 note of whether section 75 can apply, with no application attached.
Have ready. Whether any proceeding has been started; The proposed compromise.
Example of the limit. Illustrative example: No statement of claim has been filed. The note records section 75(2), (3) and (4). It does not draft the summons.
Stop and hand it back when
- A proceeding has already started.
- The tool would draft the summons.
Sources for this task were checked on 2026-10-23.
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
- Section 75(1) applies to a claim, enforceable by proceedings in the court, made by or on behalf of, or against, a person under legal incapacity. Section 75(2) says the court may approve or disapprove an agreement made before proceedings are commenced.
- An agreement the court disapproves does not bind the person: section 75(3). An agreement the court approves binds the person as if they were of full capacity and, if someone else made it, as if that person were their agent: section 75(4).
- The Judicial Commission bench book says an application for that approval should be made by summons under rule 6.4(1)(e). No day count was opened. Do not insert one.
- If a proceeding has already started, section 75 is the wrong section. The note says so and stops.
Sources
- Civil Procedure Act 2005 (NSW), section 75 · 2026-10-23
- Judicial Commission of NSW, Civil Bench Book, approval before proceedings · 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).
No counsel's opinion was required by any opened source. The note does not call for one.