---
title: "Compare who is to hold damages recovered for a child or a person who cannot manage them"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/compare-who-is-to-hold-damages-recovered-for-a-child-or-a-person-who-can"
type: "task"
site: "AI Law Framework"
id: "A21-ST20261023-3"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Compare who is to hold damages recovered for a child or a person who cannot manage them

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/compare-who-is-to-hold-damages-recovered-for-a-child-or-a-person-who-can  
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 | 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. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Name the person or office that is to hold the money, and keep award money separate from other funds paid into court.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Name the proposed holder and the rule that allows or forbids payment to the solicitor or the litigation guardian.
2. Keep Trustee Act section 69 money in Common Fund No 2 separate from award money paid under an approval order.
3. For a minor whose only incapacity is age, use the minor's payment rule, not the managed-estate spending power.
4. Record any management-cost estimate beside its source, and leave the adequacy judgement to the lawyer.

## Notes

- 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.

## Sources

- [Funds in Court: payment of funds into court](https://fundsincourt.vic.gov.au/for-legal-other-professionals/approvals-of-compromise-payment-of-funds-into-court/) (checked 2026-10-23)
- [Funds in Court: approvals of compromise](https://fundsincourt.vic.gov.au/for-legal-other-professionals/approvals-of-compromise/) (checked 2026-10-23)
- [Funds in Court: Trustee Act payments under section 69](https://fundsincourt.vic.gov.au/for-legal-other-professionals/trustee-act-general-payments-under-s-69/) (checked 2026-10-23)
- [Supreme Court (General Civil Procedure) Rules 2025 r 15.08 (as made)](https://www5.austlii.edu.au/au/legis/vic/num_reg/sccpr2025n85o2025514/s15.08.html) (checked 2026-10-23)
- [County Court Civil Procedure Rules 2018 r 15.08 (AustLII consolidation)](https://classic.austlii.edu.au/au/legis/vic/consol_reg/cccpr2018380/s15.08.html) (checked 2026-10-23)
- [Transport Accident Commission: claims for common law damages](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/lump-sum-damages-common-law) (checked 2026-10-23)
- [Public Trustee Act 1978 (Qld) s 59](https://classic.austlii.edu.au/au/legis/qld/consol_act/pta1978179/s59.html) (checked 2026-10-23)
- [Public Trustee of Queensland: sanctions under section 59](https://www.pt.qld.gov.au/about-us/who-we-are/official-solicitor/lawyers-and-insurers-fee-estimates-and-sanctions-under-s59) (checked 2026-10-23)
- [WorkCover Queensland: common law damages](https://www.worksafe.qld.gov.au/workers-compensation/compensation-claims/common-law-claims/common-law-damages) (checked 2026-10-23)
- [Civil Procedure Act 2005 (NSW) s 77](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s77.html) (checked 2026-10-23)
- [Judicial Commission of NSW: persons under legal incapacity](https://www.judcom.nsw.gov.au/publications/benchbks/civil/persons_under_legal_incapacity.html) (checked 2026-10-23)
- [NSW Trustee and Guardian Act 2009 s 59](https://classic.austlii.edu.au/au/legis/nsw/consol_act/ntaga2009258/s59.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/compare-who-is-to-hold-damages-recovered-for-a-child-or-a-person-who-can/victoria.md) | Yellow |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/compare-who-is-to-hold-damages-recovered-for-a-child-or-a-person-who-can/new-south-wales.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/compare-who-is-to-hold-damages-recovered-for-a-child-or-a-person-who-can/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*