Test whether a compromise binds a child or a person who cannot manage the claim
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, compare the date of birth, the capacity material the lawyer has selected, and the stage of the claim, and list whether the opened rules require approval before the compromise binds. The tool writes nothing that is filed or signed.
- What the lawyer must review
- The lawyer decides whether the person is a child or cannot manage the claim, and whether approval is required.
- The lawyer treats the comparison as a screen only. Approval, and any document that is filed, stay with the lawyer.
- The lawyer checks the date of the proposed compromise against the date of birth.
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, compare the date of birth, the capacity material the lawyer has selected, and the stage of the claim, and list whether the opened rules require approval before the compromise binds. The tool writes nothing that is filed or signed. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Match the date of birth to a document the lawyer has selected, and record the date of the proposed compromise.
- Record whether the claim is still before a proceeding, already in a proceeding, or made on a day the person has turned 18.
- Leave the approval papers, including any opinion and any supporting evidence, to the lawyer. Preparing those papers is a separate live task.
- Keep health and capacity material in a firm-controlled tool, and record who selected it.
Sources
- Supreme Court (General Civil Procedure) Rules 2025 r 15.01 (as made) · 2026-10-23
- Supreme Court (General Civil Procedure) Rules 2025 r 15.08 (as made) · 2026-10-23
- Supreme Court (General Civil Procedure) Rules 2025, in force (version 003) · 2026-10-23
- Funds in Court: approvals of compromise · 2026-10-23
- County Court Civil Procedure Rules 2018 r 15.08 (AustLII consolidation) · 2026-10-23
- Public Trustee Act 1978 (Qld) s 59 · 2026-10-23
- Public Trustee of Queensland: sanctions under section 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
- Civil Procedure Act 2005 (NSW), current table of contents · 2026-10-23
- Judicial Commission of NSW: persons under legal incapacity · 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.
Practice Note SC GEN 25 commenced on 14 May 2026, and Practice Note SC Gen 23 commenced on 3 February 2025. This comparison is not filed. If a later document is filed, those notes apply to it.