Check an enquirer's authority without treating a relative as authorised
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the enquirer's stated relationship and any order or instrument the enquirer produces. Do not decide that the enquirer can give instructions. Do not treat a spouse, parent or child as authorised because of that relationship.
- What the lawyer must review
- Read any order or instrument against the rule that applies
- A relationship does not authorise the enquirer
- Do not state a power of attorney rule. None is in the sections used here.
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 the stated relationship and of any order or instrument produced.
Have ready. The relationship the enquirer states; Any order or instrument produced.
Example of the limit. Illustrative example: A spouse telephones about the injury. The note records 'spouse' and that no instrument was produced. It does not say the spouse can instruct.
Stop and hand it back when
- The tool would treat the relationship as authority.
- An instrument is produced and the tool would state what it authorises.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List the enquirer's stated relationship and any order or instrument the enquirer produces. Do not decide that the enquirer can give instructions. Do not treat a spouse, parent or child as authorised because of that relationship. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Rule 8.1 says a solicitor must only accept and follow a client's lawful, proper and competent instructions. The enquirer's relationship is not that decision.
- Rule 7.15 does not appoint a relative as tutor. A person may become a tutor without a formal instrument, subject to that Division, but becoming a tutor is a step in proceedings. It is not authority to give instructions at the enquiry.
- Rule 7.15(3) makes the manager the tutor only for proceedings with respect to an estate that is under management, and only unless the manager declines, is unable, or the court orders otherwise. Do not treat a manager as able to instruct on an injury enquiry merely because an estate is managed.
- No powers of attorney statute was opened. If the enquirer produces an instrument, the lawyer reads it. The list does not say what the instrument authorises.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Capacity and instructions checklist | Checklist | AI use Yellow | Checklist for whether the injured person can instruct on the decision in front of them today. |
| Identity and authority checklist for a client overseas | Checklist | AI use Yellow | Checklist for taking instructions from a client who is overseas: how identity was seen, how the authority comes back, and that an apostille is not an identity check. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), rule 8.1 · 2026-10-23
- Uniform Civil Procedure Rules 2005 (NSW), rule 7.15 · 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).