---
title: "Test whether a compromise binds a child or a person who cannot manage the claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/test-whether-a-compromise-binds-a-child-or-a-person-who-cannot-manage-th"
type: "task"
site: "AI Law Framework"
id: "A21-ST20261023-1"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Test whether a compromise binds a child or a person who cannot manage the claim

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/test-whether-a-compromise-binds-a-child-or-a-person-who-cannot-manage-th  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Match age, capacity and the stage of the claim to the opened approval rule, and leave the approval papers themselves to the live task.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Match the date of birth to a document the lawyer has selected, and record the date of the proposed compromise.
2. Record whether the claim is still before a proceeding, already in a proceeding, or made on a day the person has turned 18.
3. Leave the approval papers, including any opinion and any supporting evidence, to the lawyer. Preparing those papers is a separate live task.
4. Keep health and capacity material in a firm-controlled tool, and record who selected it.

## Notes

- 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.

## Sources

- [Supreme Court (General Civil Procedure) Rules 2025 r 15.01 (as made)](https://www5.austlii.edu.au/au/legis/vic/num_reg/sccpr2025n85o2025514/s15.01.html) (checked 2026-10-23)
- [Supreme Court (General Civil Procedure) Rules 2025 r 15.08 (as made)](https://www5.austlii.edu.au/au/legis/vic/num_reg/sccpr2025n85o2025514/s15.08.html) (checked 2026-10-23)
- [Supreme Court (General Civil Procedure) Rules 2025, in force (version 003)](https://www.legislation.vic.gov.au/in-force/statutory-rules/supreme-court-general-civil-procedure-rules-2025) (checked 2026-10-23)
- [Funds in Court: approvals of compromise](https://fundsincourt.vic.gov.au/for-legal-other-professionals/approvals-of-compromise/) (checked 2026-10-23)
- [County Court Civil Procedure Rules 2018 r 15.08 (AustLII consolidation)](https://classic.austlii.edu.au/au/legis/vic/consol_reg/cccpr2018380/s15.08.html) (checked 2026-10-23)
- [Public Trustee Act 1978 (Qld) s 59](https://classic.austlii.edu.au/au/legis/qld/consol_act/pta1978179/s59.html) (checked 2026-10-23)
- [Public Trustee of Queensland: sanctions under section 59](https://www.pt.qld.gov.au/about-us/who-we-are/official-solicitor/lawyers-and-insurers-fee-estimates-and-sanctions-under-s59) (checked 2026-10-23)
- [Uniform Civil Procedure Rules 1999 (Qld) r 98](https://www.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s98.html) (checked 2026-10-23)
- [Civil Procedure Act 2005 (NSW) s 76](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s76.html) (checked 2026-10-23)
- [Civil Procedure Act 2005 (NSW), current table of contents](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-028) (checked 2026-10-23)
- [Judicial Commission of NSW: persons under legal incapacity](https://www.judcom.nsw.gov.au/publications/benchbks/civil/persons_under_legal_incapacity.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/test-whether-a-compromise-binds-a-child-or-a-person-who-cannot-manage-th/victoria.md) | Yellow |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/test-whether-a-compromise-binds-a-child-or-a-person-who-cannot-manage-th/new-south-wales.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/test-whether-a-compromise-binds-a-child-or-a-person-who-cannot-manage-th/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*