Check Supreme Court papers for approval of a compromise by a person under disability
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Compare the lawyer's drafts with the settlement terms, index the annexures, and reconcile costs, refunds and the net sum. The tool writes nothing into the affidavit, the opinion or the proposed orders.
- What the lawyer must review
- Without approval under rule 15.08, the compromise is not valid so far as it relates to the claim.
- File the summons within 30 days unless the Court dispenses with it at trial. Do not serve the supporting affidavit.
- Use Forms 15A and 15B where appropriate. Funds in Court usually lists the summons before an associate judge.
- SC Gen 25 requires particular caution. The affidavit must be the witness's own knowledge and words.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Supreme Court of Victoria, approval of a compromise affecting a person under disability
Produce. A comparison, index and reconciliation for the lawyer. Not the affidavit, opinion or orders.
Have ready. The lawyer's draft affidavit, opinion and orders; The executed settlement terms and deduction notices; Rule 15.08 and the associate's filing directions.
Example of the limit. Illustrative example: The draft orders and the settlement terms use different net figures. The comparison shows the difference and the missing deduction notice. The lawyer corrects the affidavit and the orders. The tool changes neither.
Stop and hand it back when
- The tool is asked to write or settle the affidavit, the opinion or the orders.
- The compromise date or the date of birth is not on the file.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Compare the lawyer's drafts with the settlement terms, index the annexures, and reconcile costs, refunds and the net sum. The tool writes nothing into the affidavit, the 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
- Rule 15.08(1) covers a claim by or on behalf of or against a person under disability, including acceptance of an Order 26 offer.
- The summons is filed not later than 30 days after the compromise, payment or acceptance, unless the Court dispenses with a summons at trial.
- Evidence must include the date of the compromise and the date of birth. Those dates are stated in the approving order.
- Follow the associate judge's directions. Funds in Court says exhibits, including counsel's advice, and the draft order are often filed at Funds in Court rather than served.
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
- Supreme Court (General Civil Procedure) Rules 2025 (Vic), rule 15.08 · 2026-10-23
- Funds in Court: procedure to apply for approval of a compromise · 2026-10-23
- Supreme Court of Victoria: SC Gen 25 Use of artificial intelligence by court users · 2026-10-23
SC Gen 25, paragraphs 6.10 and 6.11, says particular caution is required for affidavit material, and the document must reflect the person's own knowledge and words.
This version is the Supreme Court rule. A County Court approval rule was not opened.
Keep health, wage and scheme records in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider whether any breach is notifiable under the Privacy Act 1988 (Cth).