---
title: "Prepare New South Wales approval papers for a person under legal incapacity"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/prepare-court-approval-papers-for-a-child-or-protected-person-settlement/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-T1-R11-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Prepare New South Wales approval papers for a person under legal incapacity

> List the section 76 approval question, the tutor's consent and the solicitor's certificate as headings only. The affidavit and any orders are the lawyer's. The tool writes nothing into them.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/prepare-court-approval-papers-for-a-child-or-protected-person-settlement/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 | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the section 76 approval question, the tutor's consent and the solicitor's certificate as headings only. The affidavit and any orders are the lawyer's. The tool writes nothing into them. |
| What the lawyer must review | Court approval is required by section 76 unless section 76(3A) applies on the day of the agreement The tutor conducts the proceeding under UCPR r 7.14, with the consent and certificate in r 7.16 The lawyer writes the affidavit. Practice Note SC Gen 23 prohibits generating its content Confirm the compromise is in the person's interests and how any fund will be managed |
| Written for | New South Wales |
| Applies to | [Prepare court-approval papers for a child or protected-person settlement](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-court-approval-papers-for-a-child-or-protected-person-settlement.md) |

## Checking plan

**Verify against sources**

The list identifies what section 76 and the tutor rules require. The affidavit and the orders are written by the lawyer.

- What the AI does: List the section 76 approval question, the tutor's consent and the solicitor's certificate as headings only. The affidavit and any orders are the lawyer's. The tool writes nothing into them.
- What the lawyer does: Decide whether approval is required, whether the compromise is in the person's interests, and write the affidavit and orders.
- 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(3) requires the court's approval of a compromise or settlement, and of acceptance of money paid into court, where the section applies.
2. Section 76(3A): approval is not required if, on the day of the agreement, the person has turned 18 and is not otherwise a person referred to in section 76(1).
3. A person under legal incapacity sues by a tutor (r 7.14(1)). The tutor needs a solicitor unless the court orders otherwise (r 7.14(2)).
4. File the tutor's consent to act, Form 24, and the solicitor's certificate that the tutor has no interest adverse to the person (r 7.16). A tutor may act without a formal instrument (r 7.15(1)) and can be changed only by court order (r 7.15(5)).

## Notes

- An approved agreement binds the person as if of full capacity (section 76(6)). A disapproved agreement does not bind the person (section 76(5)).
- If no one volunteers as tutor, the bench book describes appointment of the NSW Trustee and Guardian as financial manager and tutor under section 41 of the NSW Trustee and Guardian Act 2009. The lawyer decides whether that step is needed.
- Practice Note SC Gen 23 paragraph 10 prohibits generating the content of the affidavit. The District Court and the Local Court adopt that practice note. Health records used for the application stay in a firm-controlled tool (ASCR r 9, APP 11). The lawyer decides whether any breach is notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: Supreme Court, District Court or Local Court of New South Wales, in a proceeding by or against a person under legal incapacity

**Deliverable**: A heading list for the approval papers. The affidavit and the orders are not written by the tool.

**Inputs**

- The proposed compromise and the date it would be made
- Whether the person will be 18 on that day, and any other incapacity
- The proposed tutor and the solicitor who will give the certificate

**Example**: Illustrative example: The person turns 18 on the day the agreement is made and has no other incapacity in section 76(1). The list records that section 76(3A) may remove the need for approval. The lawyer decides that question. The tool does not write the affidavit.

**Stop and escalate when**

- The tool is asked to write a sentence of the affidavit or the orders.
- Age and any other incapacity on the day of the agreement have not been checked.

Checked 2026-10-23.

## Sources

- [Civil Procedure Act 2005 (NSW) section 76, settlement where a person is under legal incapacity](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s76.html) (checked 2026-10-23)
- [Judicial Commission of New South Wales: 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)
- [Supreme Court of New South Wales: 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 |
| --- | --- | --- | --- |
| [Apportionment of a dependency claim settlement for court approval](https://ailawframework.com/precedents/personal-injury-and-compensation/fatal-dependency-apportionment-outline.md) | Court document | Red | Outline for asking the court to direct each dependant's share of a wrongful-death settlement in Victoria, Queensland and New South Wales. The lawyer writes anything that is filed. |
| [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. |
| [Money held by Funds in Court for a person under 18](https://ailawframework.com/precedents/personal-injury-and-compensation/vic-child-funds-in-court.md) | Checklist | Yellow | How the Senior Master of the Supreme Court of Victoria holds a child's money after it is paid into Funds in Court, and how a payment out is asked for. The statutory declaration is not drafted. |
| [A child's damages held by the Public Trustee of Queensland](https://ailawframework.com/precedents/personal-injury-and-compensation/qld-child-funds-public-trustee.md) | Checklist | Yellow | How the Public Trustee of Queensland holds a child's damages on trust after a court pays the money to the Public Trustee, and how a parent asks for a payment for the child. |
| [Where a child's damages are held in New South Wales](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-child-funds-paid-into-court.md) | Court document | Red | The direction for money recovered for a child in New South Wales: paid into court unless the court orders payment to the NSW Trustee and Guardian or another person. The lawyer writes the order. |
| [Victorian Supreme Court: approval of a compromise for a person under disability](https://ailawframework.com/precedents/personal-injury-and-compensation/vic-compromise-under-disability.md) | Checklist | Yellow | Checklist of Supreme Court (General Civil Procedure) Rules 2025 (Vic) rule 15.08. A compromise of a claim by or against a person under disability is not valid without the Court's approval.… |
| [Queensland sanction of a personal injury compromise for a person under a legal disability](https://ailawframework.com/precedents/personal-injury-and-compensation/qld-sanction-of-compromise-outline.md) | Court document | Red | Outline for a Queensland sanction of a personal injury compromise for a person under a legal disability, using the Supreme Court pro forma payment orders.… |
| [Client checklist after a personal injury settlement](https://ailawframework.com/precedents/personal-injury-and-compensation/after-settlement-client-checklist.md) | Checklist | Yellow | What a client does after a personal injury settlement is signed: Medicare, Centrelink, the NDIS, tax, and money held for a child. It does not replace the notices sent before settlement. |
| [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. |
| [NSW approval of a personal injury compromise for a person under legal incapacity](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-approval-of-compromise-outline.md) | Court document | Red | Outline for approval under section 76 of the Civil Procedure Act 2005 (NSW) of a personal injury compromise for a person under legal incapacity.… |
| [Payment directions for damages of a child or protected person](https://ailawframework.com/precedents/personal-injury-and-compensation/protected-person-funds-payment-directions.md) | Court document | Red | Payment directions for damages of a child or a person under disability or legal incapacity in Victoria, Queensland and New South Wales. The lawyer writes any order that is filed. |
| [UCPR Form 30: consent to act as tutor](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-ucpr-30-consent-tutor.md) | Form | Red | Link to UCPR Form 30 version 3, the tutor's consent to act and the legal representative's certificate that the tutor has no adverse interest. |
| [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.… |
| [Private manager's plan (NSW Trustee and Guardian)](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-trustee-private-managers-plan.md) | Form | Yellow | Link to the NSW Trustee and Guardian private manager's plan for a person whose finances are already under private management, including assets, a court award or settlement, and the consultation… |

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.*