---
title: "Record that a Queensland compromise binds a child only with a sanction"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/test-whether-a-compromise-binds-a-child-or-a-person-who-cannot-manage-th/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-ST20261023-1-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Record that a Queensland compromise binds a child only with a sanction

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/test-whether-a-compromise-binds-a-child-or-a-person-who-cannot-manage-th/queensland  
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 | 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 |
| Written for | Queensland |
| Applies to | [Test whether a compromise binds a child or a person who cannot manage the claim](https://ailawframework.com/practice/personal-injury-and-compensation/test-whether-a-compromise-binds-a-child-or-a-person-who-cannot-manage-th.md) |

## Checking plan

**Verify against sources**

The tool records the sanction requirement. The lawyer decides whether section 59 applies and whether to seek a sanction.

- What the AI does: 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 does: The lawyer decides whether the person is under a legal disability and whether a sanction is sought.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. 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.
2. 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.
3. 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.
4. The tool records the requirement. It does not decide that the compromise is fair, and it writes nothing in the material rule 98 requires.

## Notes

- 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.

## Practical guide

Jurisdiction: Queensland compromise for a child or a person under a legal disability

**Deliverable**: A note that the compromise is not valid without a sanction, and that fairness is for the court or the public trustee.

**Inputs**

- Whether the person is a child or the lawyer says there is impaired capacity
- Whether a proceeding has started

**Example**: Illustrative example: The note says a child's motor-accident settlement needs a sanction. It does not say the sum is fair.

**Stop and escalate when**

- The draft says the compromise is fair or in the person's interests.
- The draft treats a parent's agreement as enough.

Checked 2026-10-23.

## Sources

- [Public Trustee Act 1978 (Qld) section 59](https://classic.austlii.edu.au/au/legis/qld/consol_act/pta1978179/s59.html) (checked 2026-10-23)
- [Uniform Civil Procedure Rules 1999 (Qld) rule 98](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_reg/ucpr1999305/s98.html) (checked 2026-10-23)
- [Motor Accident Insurance Commission: Claim processing and settlement](https://maic.qld.gov.au/after-an-accident/claim-processing-and-settlement/) (checked 2026-10-23)

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