Record a Victorian authority to accept where approval may still be required
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, draft a short authority to accept that names the sum, who signs, and whether the opened rules still require approval before the compromise binds. The tool writes 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 the need for approval.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: authority to accept a compromise, and whether approval remains
Produce. A short authority to accept, naming the sum, the signer, and whether approval is still required.
Have ready. The sum; Who the lawyer says can sign; Whether a proceeding is on foot and whether the person is under disability.
Example of the limit. Illustrative example: A litigation guardian is asked to accept a sum in a proceeding. The draft authority names the sum and says the Court's approval is still required. The lawyer settles it. The guardian's signature is not the approval.
Stop and hand it back when
- The authority would say that the signature is the Court's approval.
- The tool would write a document that is filed.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, draft a short authority to accept that names the sum, who signs, and whether the opened rules still require approval before the compromise binds. The tool writes 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
- Name the sum and the signer. Do not treat the authority as approval under rule 15.08.
- In a proceeding, rule 15.08(1) still requires the Court's approval for a person under disability.
- For a compromise made before a proceeding, record that no Victorian pre-action approval statute was opened.
- The client or the litigation guardian signs. The lawyer settles the authority.
Sources
- Supreme Court (General Civil Procedure) Rules 2025 (Vic) rule 15.08 · 2026-10-23
- Funds in Court: approvals of compromise · 2026-10-23
Rule 15.08(1) says that in a proceeding a compromise of a claim by or on behalf of or against a person under disability is not valid, so far as it relates to that claim, without the approval of the Court. An authority signed by a litigation guardian is the instruction. It is not the approval. Funds in Court says the person under disability is unable to consent, which is why court approval is required for validity.
No Victorian statute requiring approval of a compromise made before a proceeding was opened. The authority for that compromise records the gap rather than inventing a requirement.