Prepare Queensland sanction papers for a person under a legal disability
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Index the annexures and reconcile the figures in the lawyer's draft sanction papers. Write nothing into the solicitor's affidavit, the litigation guardian's statement, counsel's opinion or the proposed orders.
- What the lawyer must review
- Confirm which incapacity rule applies, and whether sanction is still required
- The solicitor's affidavit and the guardian's statement are not for the tool
- In a proceeding, money goes to the public trustee unless the court directs
- Before action, money goes to the appropriate person unless the court directs
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland sanction of a settlement or compromise for a person under a legal incapacity or a legal disability
Produce. An annexure index and a reconciliation of the net sum, with the sanction documents left for the lawyer.
Have ready. The lawyer's draft papers and the executed settlement terms; Source notices for refunds, costs and disbursements; The capacity material the lawyer supplies.
Example of the limit. Illustrative example: The draft directs the settlement sum to the solicitor. The lawyer changes the payee to the public trustee, because section 59 requires that payment unless the court directs otherwise.
Stop and hand it back when
- The tool has written into the solicitor's affidavit, the guardian's statement or the proposed orders.
- The person's capacity, and whether a proceeding has started, are not yet instructed.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Index the annexures and reconcile the figures in the lawyer's draft sanction papers. Write nothing into the solicitor's affidavit, the litigation guardian's statement, counsel's opinion or the proposed orders. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Uniform Civil Procedure Rules 1999 rule 98: a settlement or compromise of a proceeding in which a party is a person under a legal incapacity is ineffective unless the court, or the public trustee acting under the Public Trustee Act 1978 section 59, approves it.
- Rule 98(2) requires the litigation guardian to produce an affidavit by the party's solicitor stating why the settlement is in the party's best interests, a statement by the litigation guardian that instructions have been given, and any other material the court requires. Rule 98(3): those documents are not served unless the court orders otherwise. The tool writes nothing into them.
- Public Trustee Act section 59: a person under a legal disability is a child, or a person with impaired capacity for a matter within the Guardianship and Administration Act 2000. In a proceeding, no settlement, compromise or acceptance of money paid into court is valid without the sanction of a court or the public trustee. Money is paid to the public trustee unless the court otherwise directs, and not to the next friend or the plaintiff's solicitor.
- Section 59(2): a claim may be settled out of court before action with the sanction of a court or the public trustee. That money is paid to the appropriate person unless the court directs otherwise. The appropriate person is an administrator under the Guardianship and Administration Act 2000, or if none an attorney for a financial matter under an enduring power of attorney under the Powers of Attorney Act 1998, or if neither the public trustee. Rule 95: a litigation guardian files a written consent, unless the court appoints one.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Apportionment of a dependency claim settlement for court approval | Court document | AI use Red | Outline for asking the court to direct each dependant's share of a wrongful-death settlement in Victoria, Queensland and New South Wales. |
| 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. |
| Money held by Funds in Court for a person under 18 | Checklist | AI use 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. |
| A child's damages held by the Public Trustee of Queensland | Checklist | AI use 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 | Court document | AI use 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. |
| Victorian Supreme Court: approval of a compromise for a person under disability | Checklist | AI use Yellow | Checklist of Supreme Court (General Civil Procedure) Rules 2025 (Vic) rule 15.08. |
| Queensland sanction of a personal injury compromise for a person under a legal disability | Court document | AI use 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 | Checklist | AI use Yellow | What a client does after a personal injury settlement is signed: Medicare, Centrelink, the NDIS, tax, and money held for a child. |
| 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. |
| NSW approval of a personal injury compromise for a person under legal incapacity | Court document | AI use 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 | Court document | AI use Red | Payment directions for damages of a child or a person under disability or legal incapacity in Victoria, Queensland and New South Wales. |
| UCPR Form 30: consent to act as tutor | Form | AI use 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) | 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. |
| Private manager's plan (NSW Trustee and Guardian) | Form | AI use 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 section. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Uniform Civil Procedure Rules 1999 (Qld) rule 98 · 2026-10-23
- Uniform Civil Procedure Rules 1999 (Qld) rule 95 · 2026-10-23
- Public Trustee Act 1978 (Qld) section 59 · 2026-10-23
Rule 98 says person under a legal incapacity. Section 59 says person under a legal disability and defines it. The lawyer matches the person to the rule that applies. This version does not treat the two phrases as the same test.
No sanction form number was opened. Do not invent one. Counsel's opinion is the lawyer's document. The opened rules do not say the tool may draft it.
Medical and fund-management material stays in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider Privacy Act notification. Do not put it into a public chatbot.