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

# Check a Queensland compromise made before a proceeding starts

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-a-compromise-made-before-a-proceeding-has-started/queensland  
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 | 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 |
| Written for | Queensland |
| 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**

A compromise before action is section 59(2). Rule 98 applies to a proceeding.

- What the AI does: 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 does: The lawyer decides whether a proceeding has started and whether section 59(2) is the pathway.
- 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 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.
2. 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.
3. 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.
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Queensland compromise of a personal injury claim before a proceeding starts

**Deliverable**: A note that the pre-action test is section 59(2), with the appropriate-person payment recorded and rule 98 not applied.

**Inputs**

- Whether a proceeding has been started
- Whether the lawyer says the person is under a legal disability

**Example**: Illustrative example: No claim has been filed. The note uses section 59(2) and does not ask for the rule 98 material.

**Stop and escalate when**

- A proceeding has already started.
- The draft treats an unsanctioned compromise as binding.

Checked 2026-10-23.

## Sources

- [Public Trustee Act 1978 (Qld) section 59](https://classic.austlii.edu.au/au/legis/qld/consol_act/pta1978179/s59.html) (checked 2026-10-23)
- [Uniform Civil Procedure Rules 1999 (Qld) rule 98](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_reg/ucpr1999305/s98.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.*