Test a proposed structured settlement against the statutory definition
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, test the proposed terms against the opened definition of a structured settlement and record the date under the opened date rule. The tool does not state exemption or annuity conditions that were not opened.
- What the lawyer must review
- The lawyer decides whether the definition is met and which date applies.
- The lawyer tests the employer and workers' compensation exclusions before treating the terms as inside the definition.
- The lawyer leaves any Centrelink preclusion calculation in its own live task.
Open a jurisdiction version of this task to see which instruments apply: VICNSWQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, test the proposed terms against the opened definition of a structured settlement and record the date under the opened date rule. The tool does not state exemption or annuity conditions that were not opened. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Tick each condition in section 54.10(1) or (1A), including the employer and workers' compensation exclusions.
- Record the date under section 54.5, and say whether it is the agreement date or the order date, and why.
- Where the claim also seeks a remedy other than personal injury, limit the test to the compensation subsection (3) identifies.
- State no condition from sections 54-15 to 54-40. Those sections were not opened.
Sources
- Income Tax Assessment Act 1997 (Cth) s 54.10 · 2026-10-23
- Income Tax Assessment Act 1997 (Cth) s 54.5 · 2026-10-23
- Supreme Court (General Civil Procedure) Rules 2025 r 15.08 (as made) · 2026-10-23
- Public Trustee Act 1978 (Qld) s 59 · 2026-10-23
- Uniform Civil Procedure Rules 1999 (Qld) r 98 · 2026-10-23
- Civil Procedure Act 2005 (NSW) s 76 · 2026-10-23
- Workers Compensation Act 1987 (NSW) s 151A · 2026-10-23
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
Health, wage and capacity records stay in a firm-controlled tool. The lawyer checks confidentiality under the conduct rules that bind the firm, whether the firm is an APP entity, Australian Privacy Principle 11 on security and destruction, and whether a loss would be notifiable under the Privacy Act 1988 (Cth). The serious-harm threshold page was not opened.
This comparison is not a Centrelink preclusion calculation. That remains the live task.