Draft a New South Wales settlement advice and conference paper
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the schedule, the liability issues and the client's instructions, draft a conference paper with best, worst and likely outcomes, the evidence still outstanding, and the inputs for a range. Do not recommend a figure.
- What the lawyer must review
- Make the recommendation yourself, after the client has been advised
- If the plaintiff is under legal incapacity, the court must approve any settlement
- If the paper will be lodged, verify every citation yourself
- Do not put a person's evidence into the paper
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A New South Wales personal injury settlement, in court or before a claim is issued
Produce. A conference paper with the range left for the lawyer.
Have ready. Schedule, liability issues and instructions; Whether the plaintiff is under legal incapacity; Whether the paper will be lodged.
Example of the limit. Illustrative example: The draft paper sets out three outcomes and lists two missing wage records. It does not recommend a figure. The lawyer adds the recommendation after speaking with the client, and notes that court approval will be required if proceedings involve a child.
Stop and hand it back when
- The paper recommends a figure the lawyer has not chosen.
- A settlement of proceedings for a person under legal incapacity is treated as binding without section 76 approval.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the schedule, the liability issues and the client's instructions, draft a conference paper with best, worst and likely outcomes, the evidence still outstanding, and the inputs for a range. Do not recommend a figure. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 76 of the Civil Procedure Act 2005 says that, except with the approval of the court, there may not be a compromise or settlement of proceedings to which the section applies, as regards a claim by or on behalf of, or against, a person under legal incapacity.
- Section 76(3A) says approval is not required if, on the day of the agreement, the person has turned 18 and is not otherwise within subsection (1).
- If the paper is lodged as submissions in the Commission, PIC13 paragraphs 18 and 19 require the author to verify citations in the body, and that verification must not be carried out by a generative AI tool.
- If it is lodged in the Supreme Court, Practice Note SC Gen 23 paragraphs 16 and 17 require the same verification, and that verification must not be solely carried out by a generative AI tool.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Offer of compromise in personal injury proceedings (UCPR r 20.26, NSW), with covering letter | Notice | AI use Yellow | Plaintiff's or defendant's formal offer of compromise under r 20.26 of the Uniform Civil Procedure Rules 2005 (NSW), with the mandatory contents, the acceptance period, and a covering letter explaining the indemnity costs consequences under rr 42.14 and 42.15. |
| Deed of release for a personal injury damages claim | Deed | AI use Yellow | Deed of release for a personal injury damages claim in Victoria, Queensland or New South Wales, conditional on sanction or approval where the claimant cannot give a binding release. |
| Mandatory final offer under the Personal Injuries Proceedings Act 2002 (Qld) | Notice | AI use Yellow | The claimant's mandatory final offer under sections 39 and 40 of the Personal Injuries Proceedings Act 2002 (Qld). |
| Offer of compromise in a personal injury proceeding (Order 26, Victoria) | Notice | AI use Yellow | Plaintiff offer of compromise for a Victorian personal injury claim. |
| Settlement advice letter before a personal injury release is signed | Letter | AI use Yellow | Letter to the injured person before a personal injury settlement is signed, with blanks for the lawyer's view on liability, the ranges, the recommendation, and the costs figures required before settlement. |
| Mandatory final offer under the Motor Accident Insurance Act 1994 (Qld) | Notice | AI use Yellow | The claimant's mandatory final offer under section 51C of the Motor Accident Insurance Act 1994 (Qld). |
| Offer to settle a personal injury proceeding (UCPR rr 353, 355, 357 and 360, Queensland) | Notice | AI use Yellow | Plaintiff offer to settle a Queensland personal injury proceeding under UCPR r 353. |
| Authority to accept a personal injury settlement | Letter | AI use Yellow | Written instructions from a client who can give them, authorising the firm to accept a stated personal injury settlement after the advice letter. |
| Without-prejudice Calderbank letter (Victoria, Queensland and New South Wales) | Letter | AI use Yellow | A without-prejudice letter offering to settle a personal injury claim, with a statement that the plaintiff will rely on it on costs if the offer is not accepted. |
| Medicare compensation recovery checklist before settling a personal injury claim | Checklist | AI use Yellow | Checklist for Medicare compensation recovery when a personal injury claim settles or goes to judgment: the $5,000 threshold, the notice of past benefits (form MO026), the payer's 28-day notice, and no release of money to the client until the Commonwealth is paid. |
| Written final offer for a Queensland WorkCover damages claim (s 292) | Notice | AI use Yellow | The claimant's written final offer under section 292 of the Workers' Compensation and Rehabilitation Act 2003 (Qld). |
| Law practice certificate for a Queensland CTP claim (MAIC) | Form | AI use Yellow | Link to the MAIC law practice certificate page. |
| Mediation position paper in a personal injury claim | Memo | AI use Yellow | A working outline for the plaintiff's mediation position paper in a personal injury claim. |
| Settlement offer and assessment-conference paper for a NSW motor accident damages claim | Letter | AI use Yellow | The claimant's written settlement offer on a damages claim under the Motor Accident Injuries Act 2017 (NSW), and a short paper for the Commission assessment conference. |
| Settlement distribution statement for a personal injury claim | Checklist | AI use Yellow | Statement the client receives showing the gross personal injury settlement, the costs, the disbursements and the statutory amounts the lawyer has sourced, and the resulting net sum. |
| Mediation paper and final offer for a NSW work injury damages claim | Memo | AI use Yellow | The worker's statement of issues for a Personal Injury Commission mediation of a work injury damages claim, and the final offer recorded if the claim does not settle. |
| Index for a personal injury settlement conference brief | Checklist | AI use Yellow | An index of the solicitor's brief for a settlement conference or mediation in a personal injury claim, with the attendance rules taken from the practice notes that were opened. |
| Checklist for setting aside an earlier settlement of a child-abuse claim | Checklist | AI use Yellow | A lawyer's list of the statutory grounds for asking a court to set aside an earlier settlement of a child-abuse claim in Victoria, Queensland and New South Wales. |
| Form 5C: commutation determination for a legally incapacitated worker | Form | AI use Yellow | Link to the Personal Injury Commission's Form 5C for a commutation determination where the worker is legally incapacitated, including the SIRA certificate the form requires. |
| TAC common law application form (Common Law Protocol 2026): completion guide | Form | AI use Yellow | Guide to the TAC form used after a proactive or fast track serious injury grant, which must be sent before a common law conference is arranged. |
| Conference paper and offer under the TAC Common Law Protocol 2026 | Memo | AI use Yellow | The client's paper and written offer for a serious injury conference or a common law damages conference under the TAC Common Law Protocol 2026. |
| Matter closure checklist | Checklist | AI use Yellow | Closing a plaintiff injury file: the settlement costs disclosure was given before execution, the bill, scheme steps, tool copies, trust money, and a risk assessment before any destruction. |
| Statutory counter offer before a Victorian serious injury damages proceeding | Letter | AI use Yellow | The worker's statutory counter offer under section 333 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). |
| Settlement sanction for a person under a legal disability (District Court PD 6 of 2018) | Form | AI use Red | Link to District Court Practice Direction 6 of 2018, which applies Supreme Court Practice Direction 15 of 2018, paragraphs 3 to 12, and annexes a Form 59 order. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Civil Procedure Act 2005 (NSW) section 76 · 2026-10-23
- Personal Injury Commission: Procedural Direction PIC13 · 2026-10-23
- Supreme Court of NSW: Practice Note SC Gen 23 · 2026-10-23
The paper is advice for the client. It is not a concession to an insurer and it is not the deed.
Health and wage figures stay in a firm-controlled tool. Australian Solicitors' Conduct Rules rule 9 and Australian Privacy Principle 11 apply, and a breach may be notifiable under the Privacy Act 1988 (Cth).