Record who may accept, and that approval may still be required
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Draft a short authority to accept that names the sum, who signs, and whether section 75 or section 76 still requires approval before the compromise binds. Write nothing that is filed with a court.
- What the lawyer must review
- Decide who can sign, and settle the authority
- The authority is an instruction. It is not the court's approval
- Check the date of birth where turning 18 is said to remove approval
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 short authority naming the sum, the signatory, and whether approval is still required.
Have ready. The sum; Who the lawyer says is to sign; The date of birth and whether a proceeding has started.
Example of the limit. Illustrative example: The client has turned 18 and proceedings are on foot. The authority names the sum and records that section 76(3A) is a question for the lawyer. It does not say approval has been given.
Stop and hand it back when
- The authority would say the court has approved.
- The tool would file the authority.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Draft a short authority to accept that names the sum, who signs, and whether section 75 or section 76 still requires approval before the compromise binds. Write nothing that is filed with a court. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Rule 8.1 says a solicitor must only accept and follow lawful, proper and competent instructions. The authority is that instruction. It does not approve the compromise.
- Before proceedings, section 75 means the agreement binds a person under legal incapacity only if the court approves it. In proceedings, section 76(3) requires approval unless section 76(3A) applies. The authority says which of those is still outstanding. It does not say the court has approved.
- Section 76(3A) applies only if, on the day of the agreement, the person has turned 18 and is not otherwise a person in section 76(1). The authority records the date of birth. It does not apply the subsection.
- The bench book says a tutor can compromise only if the compromise is for the benefit of the person. The authority does not say that test is met. The person who signs is the person the lawyer names.
Sources
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), rule 8.1 · 2026-10-23
- Civil Procedure Act 2005 (NSW), section 75 · 2026-10-23
- Civil Procedure Act 2005 (NSW), section 76 · 2026-10-23
- Judicial Commission of NSW, Civil Bench Book, tutor's compromise · 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).
The authority is signed. It is not filed by this task.