Record that a Queensland compromise binds a child only with a sanction
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record whether the person is a child or a person under a legal disability, and that a compromise is not valid without the sanction of a court or the public trustee. Do not decide that the compromise is fair, and do not draft the application.
- What the lawyer must review
- A child cannot bind the claim by agreeing
- Sanction is by a court or the public trustee
- Legal incapacity and legal disability are different tests
- The tool does not decide that the compromise is fair
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland compromise for a child or a person under a legal disability
Produce. A note that the compromise is not valid without a sanction, and that fairness is for the court or the public trustee.
Have ready. Whether the person is a child or the lawyer says there is impaired capacity; Whether a proceeding has started.
Example of the limit. Illustrative example: The note says a child's motor-accident settlement needs a sanction. It does not say the sum is fair.
Stop and hand it back when
- The draft says the compromise is fair or in the person's interests.
- The draft treats a parent's agreement as enough.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Record whether the person is a child or a person under a legal disability, and that a compromise is not valid without the sanction of a court or the public trustee. Do not decide that the compromise is fair, and do not draft the application. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Public Trustee Act 1978 section 59(1A): a person under a legal disability is a child, or a person with impaired capacity for a matter within the Guardianship and Administration Act 2000. In a proceeding, section 59(1) says no settlement, compromise, or acceptance of money paid into court is valid without the sanction of a court or the public trustee.
- The Motor Accident Insurance Commission page says a child is someone under 18, children cannot legally agree, and any final settlement of a child's claim must be approved by a Court or the Public Trustee, which must be satisfied the settlement is fair and in the child's best interests. The litigation guardian cannot finalise the claim without that sanction.
- Uniform Civil Procedure Rules rule 98 is about a settlement of a proceeding in which a party is under a legal incapacity. It is ineffective unless approved by the court or the public trustee under section 59. Do not treat legal incapacity and legal disability as the same test.
- The tool records the requirement. It does not decide that the compromise is fair, and it writes nothing in the material rule 98 requires.
Sources
- Public Trustee Act 1978 (Qld) section 59 · 2026-10-23
- Uniform Civil Procedure Rules 1999 (Qld) rule 98 · 2026-10-23
- Motor Accident Insurance Commission: Claim processing and settlement · 2026-10-23
The AustLII cross-link on rule 98 points at the rules, not at Public Trustee Act section 59. Section 59 was opened on its own page.
No sanction form number was opened. Do not invent one.