Record Queensland authority to accept and whether a sanction remains
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record who gave instructions to accept the compromise, and whether section 59 or rule 98 still requires a sanction. Do not treat those instructions as the sanction.
- What the lawyer must review
- Instructions are not a sanction
- A litigation guardian's instructions do not replace section 59
- Authority to give a notice is not authority to accept
- The tool records the gap and does not close it
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland acceptance of a personal injury compromise
Produce. A record of who instructed acceptance and whether a sanction is still required. Nothing is sent.
Have ready. Who gave the instructions and the basis the lawyer names; Whether the lawyer says section 59 or rule 98 applies.
Example of the limit. Illustrative example: The record says the litigation guardian instructed acceptance and that section 59 sanction is still outstanding. It does not say the compromise can be accepted today.
Stop and hand it back when
- The draft treats instructions as the sanction.
- The draft sends an acceptance.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record the person who gave instructions and the basis the lawyer names. Do not infer authority from a family relationship.
- A statement that a litigation guardian has given instructions is not the sanction. Rule 98 and section 59 still require approval by the court or the public trustee where they apply.
- Personal Injuries Proceedings Act 2002 section 9(4) lets a parent or legal guardian give a child's notice of claim. It does not authorise acceptance of a compromise.
- If no sanction is required because the lawyer says the person is not under a legal disability and not under a legal incapacity, record that as the lawyer's decision. The tool does not make it.
Sources
- Public Trustee Act 1978 (Qld) section 59 · 2026-10-23
- Uniform Civil Procedure Rules 1999 (Qld) rule 98 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) section 9 · 2026-10-23
The two tests stay separate. Rule 93 uses legal incapacity. Section 59 uses legal disability.
The tool does not send an acceptance.