Check the authority of a person enquiring for someone else in Victoria
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, list the enquirer's stated relationship and any order or instrument the enquirer produces. The tool does not decide that the enquirer can give instructions, and it does not say what an instrument authorises.
- What the lawyer must review
- Check any order or instrument yourself before instructions are taken from the enquirer.
- Do not treat a relative as authorised because of the relationship.
- Read the instrument. The tool does not say what it authorises.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: authority of a person enquiring about someone else's injury
Produce. A note of the enquirer's stated basis, for the lawyer's decision on whether instructions can be taken from that person.
Have ready. The enquirer's stated relationship; Any order or instrument produced.
Example of the limit. Illustrative example: An adult child rings about a parent's fall and has no order. The tool records the relationship and that no instrument was produced. The lawyer decides whether instructions can be taken.
Stop and hand it back when
- The tool would decide that the enquirer can instruct.
- The tool would interpret a power of attorney.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, list the enquirer's stated relationship and any order or instrument the enquirer produces. The tool does not decide that the enquirer can give instructions, and it does not say what an instrument authorises. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record the stated relationship and the instrument produced. Do not treat the relationship as authority.
- A litigation guardian still needs no disability, no adverse interest, and, unless the Court appointed, the consent and certificate in rule 15.03(6).
- An authority under an Act is an entitlement under rule 15.03(2) only for incapacity in rule 15.01(b), and only unless the Court otherwise orders.
- Powers of attorney legislation was not opened. Do not state what an 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, rule 8 (NSW consolidation) · 2026-10-23
- Supreme Court (General Civil Procedure) Rules 2025 (Vic) rule 15.03 · 2026-10-23
- Supreme Court (General Civil Procedure) Rules 2025 (Vic) rule 15.01 · 2026-10-23
Rule 8.1 requires the solicitor to accept and follow only the client's lawful, proper and competent instructions. A relative is not the litigation guardian because of the relationship.
Rule 15.03(1) requires that the guardian is not under disability and has no adverse interest. Unless the Court appointed, rule 15.03(6) requires written consent and the solicitor's certificate filed in the Prothonotary's office before the name is used. Rule 15.03(2) gives an entitlement to a person authorised under an Act only for a person under disability in paragraph (b) of rule 15.01, and only unless the Court otherwise orders.
Powers of attorney legislation was not opened. The lawyer reads any instrument the enquirer produces. The tool does not say what that instrument authorises.
Keep health, wage and scheme records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).