Check a Queensland compromise made before a proceeding starts
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Where no proceeding has started, test the compromise against section 59(2) and record that the money is paid to the appropriate person unless a court directs otherwise. Do not use rule 98 as the pre-action test.
- What the lawyer must review
- Before action, the section is 59(2), not rule 98
- Sanction is still by a court or the public trustee
- Payment is to the appropriate person unless a court directs
- The tool does not decide that the compromise is binding
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland compromise of a personal injury claim before a proceeding starts
Produce. A note that the pre-action test is section 59(2), with the appropriate-person payment recorded and rule 98 not applied.
Have ready. Whether a proceeding has been started; Whether the lawyer says the person is under a legal disability.
Example of the limit. Illustrative example: No claim has been filed. The note uses section 59(2) and does not ask for the rule 98 material.
Stop and hand it back when
- A proceeding has already started.
- The draft treats an unsanctioned compromise as binding.
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 59(2): a claim by or for a person under a legal disability may be settled or compromised out of court before action brought, with the sanction of a court or the public trustee.
- No money agreed to be paid is paid to anyone other than the appropriate person unless a court directs. The appropriate person is an administrator under the Guardianship and Administration Act 2000, or if none an attorney for a financial matter under an enduring power of attorney under the Powers of Attorney Act 1998, or if neither the public trustee.
- Rule 98 applies to a settlement or compromise of a proceeding. It is not the test for a compromise made before a proceeding has started.
- Section 59(3): a settlement sanctioned under the section binds the person under a legal disability. The tool does not say this compromise has that sanction.
Sources
- Public Trustee Act 1978 (Qld) section 59 · 2026-10-23
- Uniform Civil Procedure Rules 1999 (Qld) rule 98 · 2026-10-23
Powers of attorney legislation was not opened beyond the definition in section 59(1A). Do not describe an enduring power of attorney's scope.
Rule 98 is the proceeding pathway, including the material the litigation guardian produces. That material is not this task.