Compare who is to hold damages recovered for a child or a person who cannot manage them
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, set out who the opened rules say is to hold the damages, and whether payment to the solicitor or the litigation guardian is allowed. The tool writes nothing that is filed or signed.
- What the lawyer must review
- The lawyer decides who is to hold the money, and whether an order must direct it away from the solicitor.
- The lawyer keeps award money under an approval order separate from money paid in under a trustee statute.
- The lawyer checks any management-cost figure against the estimate the holder has given.
Open a jurisdiction version of this task to see which instruments apply: VICNSWQLD
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
- Name the proposed holder and the rule that allows or forbids payment to the solicitor or the litigation guardian.
- Keep Trustee Act section 69 money in Common Fund No 2 separate from award money paid under an approval order.
- For a minor whose only incapacity is age, use the minor's payment rule, not the managed-estate spending power.
- Record any management-cost estimate beside its source, and leave the adequacy judgement to the lawyer.
Sources
- Funds in Court: payment of funds into court · 2026-10-23
- Funds in Court: approvals of compromise · 2026-10-23
- Funds in Court: Trustee Act payments under section 69 · 2026-10-23
- Supreme Court (General Civil Procedure) Rules 2025 r 15.08 (as made) · 2026-10-23
- County Court Civil Procedure Rules 2018 r 15.08 (AustLII consolidation) · 2026-10-23
- Transport Accident Commission: claims for common law damages · 2026-10-23
- Public Trustee Act 1978 (Qld) s 59 · 2026-10-23
- Public Trustee of Queensland: sanctions under section 59 · 2026-10-23
- WorkCover Queensland: common law damages · 2026-10-23
- Civil Procedure Act 2005 (NSW) s 77 · 2026-10-23
- Judicial Commission of NSW: persons under legal incapacity · 2026-10-23
- NSW Trustee and Guardian Act 2009 s 59 · 2026-10-23
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
Health, wage and capacity records stay in a firm-controlled tool. The lawyer checks confidentiality under the conduct rules that bind the firm, whether the firm is an APP entity, Australian Privacy Principle 11 on security and destruction, and whether a loss would be notifiable under the Privacy Act 1988 (Cth). The serious-harm threshold page was not opened.