List who is served, and leave the approval dates blank
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set out who the opened sources say must be served on a management application, and leave the approval-hearing dates blank. No day count for the approval hearing was opened. Write nothing that is filed or signed.
- What the lawyer must review
- Do not type 28 days as a deadline
- The bench book says the plaintiff is made a defendant and served
- The lawyer prepares the evidence. The tool writes none of it
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 service note for the management application, with approval dates left blank.
Have ready. Whether the incapacity is solely minority; Whether the estate is already under management.
Example of the limit. Illustrative example: The plaintiff is not a minor. The note says the plaintiff is to be made a defendant and served. The hearing date is blank. It does not say the application will be heard in 28 days.
Stop and hand it back when
- The tool would enter 28 days as a deadline.
- The tool would write the supporting evidence.
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
- No filing or service period for an approval hearing under section 75 or section 76 was opened. Leave those dates blank.
- The bench book says that, after approval, where the incapacity is not solely minority, an application should be made under section 41 of the NSW Trustee and Guardian Act 2009 for a declaration that the plaintiff is incapable of managing their affairs and an order that the estate be subject to management. It says the application is by summons in the Supreme Court under Part 57.
- The bench book says the plaintiff must be made a defendant and served under rule 57.3. It says the application is usually dealt with within 28 days, including the time for service. That sentence is not a deadline. Do not enter it as one.
- The bench book says the application is unnecessary where the estate is already under relevant management. The evidence in support is the lawyer's. Practice note SC Gen 23, paragraph 10, says generative artificial intelligence must not generate the content of a person's evidence.
Sources
- Judicial Commission of NSW, Civil Bench Book, management application and service · 2026-10-23
- Civil Procedure Act 2005 (NSW), section 76 · 2026-10-23
- Supreme Court of NSW, Practice Note SC Gen 23, paragraph 10 · 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 bench book says the section 41 application does not affect the requirement in section 77(2) that the money be paid into court.