---
title: "Identify the tutor who may conduct a New South Wales claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/identify-who-can-conduct-the-claim-for-a-person-under-a-legal-disability/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-IN20261023-3-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Identify the tutor who may conduct a New South Wales claim

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/identify-who-can-conduct-the-claim-for-a-person-under-a-legal-disability/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 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 |
| Written for | New South Wales |
| Applies to | [Identify who can conduct the claim for a person under a legal disability](https://ailawframework.com/practice/personal-injury-and-compensation/identify-who-can-conduct-the-claim-for-a-person-under-a-legal-disability.md) |

## Checking plan

**Verify against sources**

The shortlist uses the tutor rules. It does not appoint a tutor and it is not filed.

- What the AI does: 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 does: Decide who may conduct the claim and settle anything that must be filed.
- 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. 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).
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).
3. 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.
4. 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).

## Notes

- 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.

## Practical guide

Jurisdiction: New South Wales

**Deliverable**: A shortlist of who may be tutor, and the filing step the rules require.

**Inputs**

- Whether the lawyer says the person is under legal incapacity
- Whether the estate is under management and the proceeding is about that estate

**Example**: 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 escalate when**

- The tool would appoint a person.
- The tool would prepare the consent for filing.

Checked 2026-10-23.

## Sources

- [Uniform Civil Procedure Rules 2005 (NSW), rule 7.14](https://www5.austlii.edu.au/au/legis/nsw/consol_reg/ucpr2005305/s7.14.html) (checked 2026-10-23)
- [Uniform Civil Procedure Rules 2005 (NSW), rule 7.15](https://www5.austlii.edu.au/au/legis/nsw/consol_reg/ucpr2005305/s7.15.html) (checked 2026-10-23)
- [Uniform Civil Procedure Rules 2005 (NSW), rule 7.16](https://www5.austlii.edu.au/au/legis/nsw/consol_reg/ucpr2005305/s7.16.html) (checked 2026-10-23)
- [Judicial Commission of NSW, Civil Bench Book, persons under legal incapacity](https://www.judcom.nsw.gov.au/publications/benchbks/civil/persons_under_legal_incapacity.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Capacity and instructions checklist](https://ailawframework.com/precedents/personal-injury-and-compensation/capacity-and-instructions-checklist.md) | Checklist | Yellow | Checklist for whether the injured person can instruct on the decision in front of them today. It records observations and the support tried, and it does not certify that the person lacks capacity. |

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.*