Court document · Personal Injury & Compensation

Apportionment of a dependency claim settlement for court approval

Outline for asking the court to direct each dependant's share of a wrongful-death settlement in Victoria, Queensland and New South Wales. The lawyer writes anything that is filed.

Kind: Court document. A document filed or served in a court or tribunal.
Where it applies: Victoria, Queensland, New South Wales
AI use: Red You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
Law stated as at: 23 October 2026
Status: Maintained. Checked on 23 October 2026 against the 11 authorities it cites, for Victoria, Queensland and New South Wales.
Version: 1
Source: Written for this library

When to use it

Use when a dependency claim is to be resolved for more than one person, and the court is asked to direct the shares, including where one dependant is a child. Do not use it to calculate the loss, or as the sanction papers for a person under a disability.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The lawyer writes the apportionment order and any affidavit filed with it, and the tool writes nothing into either.

AI may

List the people the opened section allows to share in the amount recovered, with a blank for each share.
Separate the dependants' fund from any amount that belongs to the estate.
Record that a child's share is paid as the holding rule for that State requires, without restating the payment waterfall.
Flag that a child, or another person who needs sanction or approval, still needs the separate approval outline.

AI must not

Do not draft an affidavit, a litigation guardian's statement, counsel's opinion, or a percentage split.
Do not invent a dependant who is outside the list for that State.
Do not treat the Queensland Law Handbook as a substitute for section 63, which was not opened.
Do not state the de facto test in the Interpretation Act 1987 (NSW). Section 21C was not opened.
Do not put health records into a public tool.

The lawyer checks

Read the current section before the names go into the order.
Confirm the net sum against the dependency calculation. This outline does not do that calculation.
If a person cannot give a binding consent, use the sanction or approval outline for that State.
Check whether a pre-action settlement among adults who can instruct still needs an order. These sections speak of the amount recovered in the action.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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