Identify the tutor who may conduct a New South Wales claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the rules the lawyer names, list who may conduct the claim as tutor and which filing step those rules require. Write nothing that is filed, and do not appoint anyone. Do not call the person a litigation guardian.
- What the lawyer must review
- Decide who may be tutor, and whether rule 7.15(3) applies
- The consent and the solicitor's certificate are filed by the lawyer
- A relative is not appointed by the rule
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales
Produce. A shortlist of who may be tutor, and the filing step the rules require.
Have ready. Whether the lawyer says the person is under legal incapacity; Whether the estate is under management and the proceeding is about that estate.
Example of the limit. Illustrative example: A parent asks to run the claim. The shortlist does not name the parent as tutor. It records that a tutor needs a solicitor unless the court orders otherwise.
Stop and hand it back when
- The tool would appoint a person.
- The tool would prepare the consent for filing.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the rules the lawyer names, list who may conduct the claim as tutor and which filing step those rules require. Write nothing that is filed, and do not appoint anyone. Do not call the person a litigation guardian. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Rule 7.14(1) says a person under legal incapacity may not commence or carry on proceedings except by a tutor. Unless the court orders otherwise, the tutor may not do so except by a solicitor: rule 7.14(2).
- Rule 7.15(1) allows a person to become a tutor without a formal instrument of appointment or a court order, subject to the Division. A corporation cannot be a tutor. A person under legal incapacity, a judicial officer, a registrar or other court administrator, and a person with an adverse interest, are not eligible: rule 7.15(2).
- Rule 7.15(3) applies to proceedings with respect to the estate of a person whose estate is under management under the NSW Trustee and Guardian Act 2009. In that case the tutor is the manager, unless the manager declines, is unable to act, or the court orders otherwise: rule 7.15(4). Do not apply that subrule to an injury claim that is not a proceeding with respect to the estate.
- A tutor may not commence or carry on proceedings unless the tutor's consent to act, and a certificate by the tutor's solicitor that the tutor has no adverse interest, have been filed: rule 7.16. A tutor can be replaced only by court order: rule 7.15(5).
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. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Uniform Civil Procedure Rules 2005 (NSW), rule 7.14 · 2026-10-23
- Uniform Civil Procedure Rules 2005 (NSW), rule 7.15 · 2026-10-23
- Uniform Civil Procedure Rules 2005 (NSW), rule 7.16 · 2026-10-23
- Judicial Commission of NSW, Civil Bench Book, persons under legal incapacity · 2026-10-23
Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).
Rule 7.16 requires the tutor's consent and a certificate by the tutor's solicitor that the tutor has no adverse interest. The tool prepares neither for filing.