---
title: "Record who may accept, and that approval may still be required"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-the-authority-to-accept-a-compromise-and-whether-approval-is-stil/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-ST20261023-9-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Record who may accept, and that approval may still be required

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-the-authority-to-accept-a-compromise-and-whether-approval-is-stil/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 | 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 |
| Written for | New South Wales |
| Applies to | [Record the authority to accept a compromise and whether approval is still required](https://ailawframework.com/practice/personal-injury-and-compensation/record-the-authority-to-accept-a-compromise-and-whether-approval-is-stil.md) |

## Checking plan

**Verify against sources**

The authority records the instruction. Approval, where the section requires it, remains a separate step.

- What the AI does: 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 does: Confirm the sum, the signatory, and that approval is not treated as given.
- 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 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.
2. 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.
3. 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.
4. 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.

## 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).
- The authority is signed. It is not filed by this task.

## Practical guide

Jurisdiction: New South Wales

**Deliverable**: A short authority naming the sum, the signatory, and whether approval is still required.

**Inputs**

- The sum
- Who the lawyer says is to sign
- The date of birth and whether a proceeding has started

**Example**: 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 escalate when**

- The authority would say the court has approved.
- The tool would file the authority.

Checked 2026-10-23.

## Sources

- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), rule 8.1](https://classic.austlii.edu.au/au/legis/nsw/consol_reg/lpulascr2015658/s2.8.html) (checked 2026-10-23)
- [Civil Procedure Act 2005 (NSW), section 75](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s75.html) (checked 2026-10-23)
- [Civil Procedure Act 2005 (NSW), section 76](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s76.html) (checked 2026-10-23)
- [Judicial Commission of NSW, Civil Bench Book, tutor's compromise](https://www.judcom.nsw.gov.au/publications/benchbks/civil/persons_under_legal_incapacity.html) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*