---
title: "Check a pre-proceeding compromise under section 75"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-compromise-made-before-a-proceeding-has-started/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-ST20261023-2-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Check a pre-proceeding compromise under section 75

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-a-compromise-made-before-a-proceeding-has-started/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 | 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 |
| Written for | New South Wales |
| Applies to | [Check a compromise made before a proceeding has started](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-compromise-made-before-a-proceeding-has-started.md) |

## Checking plan

**Verify against sources**

The note separates a compromise made before a proceeding from one made in a proceeding.

- What the AI does: 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 does: Confirm that no proceeding has started, and settle any application.
- 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. 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.
2. 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).
3. 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.
4. If a proceeding has already started, section 75 is the wrong section. The note says so and stops.

## 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).
- No counsel's opinion was required by any opened source. The note does not call for one.

## Practical guide

Jurisdiction: New South Wales

**Deliverable**: A note of whether section 75 can apply, with no application attached.

**Inputs**

- Whether any proceeding has been started
- The proposed compromise

**Example**: 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 escalate when**

- A proceeding has already started.
- The tool would draft the summons.

Checked 2026-10-23.

## Sources

- [Civil Procedure Act 2005 (NSW), section 75](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s75.html) (checked 2026-10-23)
- [Judicial Commission of NSW, Civil Bench Book, approval before proceedings](https://www.judcom.nsw.gov.au/publications/benchbks/civil/persons_under_legal_incapacity.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.*