---
title: "Draft a New South Wales settlement advice and conference paper"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/draft-a-settlement-advice-and-conference-paper/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-T1-R10-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Draft a New South Wales settlement advice and conference paper

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/draft-a-settlement-advice-and-conference-paper/new-south-wales  
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 | 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 |
| Written for | New South Wales |
| Applies to | [Draft a settlement advice and conference paper](https://ailawframework.com/practice/personal-injury-and-compensation/draft-a-settlement-advice-and-conference-paper.md) |

## Checking plan

**Verify against sources**

The tool drafts the conference paper. The lawyer makes the recommendation and checks any approval or lodging rule.

- What the AI does: 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 does: Make the recommendation and decide whether court approval or a lodging rule applies.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. 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.
2. 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).
3. 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.
4. 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.

## Notes

- 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).

## Practical guide

Jurisdiction: A New South Wales personal injury settlement, in court or before a claim is issued

**Deliverable**: A conference paper with the range left for the lawyer.

**Inputs**

- Schedule, liability issues and instructions
- Whether the plaintiff is under legal incapacity
- Whether the paper will be lodged

**Example**: 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 escalate 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.

Checked 2026-10-23.

## Sources

- [Civil Procedure Act 2005 (NSW) section 76](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s76.html) (checked 2026-10-23)
- [Personal Injury Commission: Procedural Direction PIC13](https://www.pi.nsw.gov.au/resources/procedural-directions/procedural-direction-pic13-use-of-generative-artificial-intelligence) (checked 2026-10-23)
- [Supreme Court of NSW: Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Offer of compromise in personal injury proceedings (UCPR r 20.26, NSW), with covering letter](https://ailawframework.com/precedents/personal-injury-and-compensation/offer-of-compromise-personal-injury-nsw.md) | Notice | 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… |
| [Deed of release for a personal injury damages claim](https://ailawframework.com/precedents/personal-injury-and-compensation/personal-injury-deed-of-release.md) | Deed | 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)](https://ailawframework.com/precedents/personal-injury-and-compensation/qld-pipa-mandatory-final-offer.md) | Notice | 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)](https://ailawframework.com/precedents/personal-injury-and-compensation/vic-offer-of-compromise-personal-injury.md) | Notice | Yellow | Plaintiff offer of compromise for a Victorian personal injury claim. If the plaintiff beats the offer, rule 26.08(2)(a) gives the plaintiff's costs of the claim taxed on an indemnity basis unless… |
| [Settlement advice letter before a personal injury release is signed](https://ailawframework.com/precedents/personal-injury-and-compensation/personal-injury-settlement-advice-letter.md) | Letter | 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… |
| [Mandatory final offer under the Motor Accident Insurance Act 1994 (Qld)](https://ailawframework.com/precedents/personal-injury-and-compensation/qld-motor-accident-mandatory-final-offer.md) | Notice | Yellow | The claimant's mandatory final offer under section 51C of the Motor Accident Insurance Act 1994 (Qld). It stays open for 14 days. |
| [Offer to settle a personal injury proceeding (UCPR rr 353, 355, 357 and 360, Queensland)](https://ailawframework.com/precedents/personal-injury-and-compensation/qld-offer-to-settle-personal-injury.md) | Notice | Yellow | Plaintiff offer to settle a Queensland personal injury proceeding under UCPR r 353.… |
| [Authority to accept a personal injury settlement](https://ailawframework.com/precedents/personal-injury-and-compensation/authority-to-accept-personal-injury-settlement.md) | Letter | 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)](https://ailawframework.com/precedents/personal-injury-and-compensation/calderbank-letter-personal-injury.md) | Letter | 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. It is not a rules offer. |
| [Medicare compensation recovery checklist before settling a personal injury claim](https://ailawframework.com/precedents/personal-injury-and-compensation/medicare-compensation-recovery-settlement-checklist.md) | Checklist | 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… |
| [Written final offer for a Queensland WorkCover damages claim (s 292)](https://ailawframework.com/precedents/personal-injury-and-compensation/qld-workcover-damages-written-final-offer.md) | Notice | Yellow | The claimant's written final offer under section 292 of the Workers' Compensation and Rehabilitation Act 2003 (Qld). It stays open for 10 business days. |
| [Index for a personal-injury demand package](https://ailawframework.com/precedents/personal-injury-and-compensation/us-demand-package-index.md) | Checklist | Yellow | A contents list for a demand a lawyer sends after records are in. Every dollar on it has to come from a document in the package. It is not a statement of the law of damages. |
| [Law practice certificate for a Queensland CTP claim (MAIC)](https://ailawframework.com/precedents/personal-injury-and-compensation/form-qld-maic-law-practice-certificate.md) | Form | Yellow | Link to the MAIC law practice certificate page. Section 36B requires the supervising principal to sign the certificate and verify it by statutory declaration. |
| [Mediation position paper in a personal injury claim](https://ailawframework.com/precedents/personal-injury-and-compensation/mediation-position-paper-personal-injury.md) | Memo | Yellow | A working outline for the plaintiff's mediation position paper in a personal injury claim. It is not a prescribed form, and it is not the joint memorandum filed later in the Supreme Court of Victoria. |
| [Settlement offer and assessment-conference paper for a NSW motor accident damages claim](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-motor-accident-settlement-offer.md) | Letter | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/personal-injury-settlement-distribution-statement.md) | Checklist | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-work-injury-damages-mediation-paper.md) | Memo | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/settlement-conference-brief-index.md) | Checklist | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/checklist-set-aside-child-abuse-settlement.md) | Checklist | 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. It is an issues list, not evidence. |
| [Form 5C: commutation determination for a legally incapacitated worker](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-pic-form-5c-commutation.md) | Form | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-tac-common-law-application.md) | Form | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/vic-tac-common-law-conference-paper.md) | Memo | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/firm-matter-closure-checklist.md) | Checklist | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/vic-worksafe-statutory-counter-offer.md) | Letter | 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)](https://ailawframework.com/precedents/personal-injury-and-compensation/form-qld-sanction-child-or-disability.md) | Form | 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.

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