---
title: "Apportionment of a dependency claim settlement for court approval"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/fatal-dependency-apportionment-outline"
type: "precedent"
site: "AI Law Framework"
id: "a21-fatal-dependency-apportionment-outline"
area_id: "A21"
kind: "court-document"
ai_level: "red"
version: 1
task_ids: ["A21-FM20261023-1", "A21-FM20261023-2", "A21-FM20261023-5", "A21-FM20261023-12", "A21-T1-R11"]
law_stated_as_at: "2026-10-23"
---

# 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.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/fatal-dependency-apportionment-outline  
Law stated as at: 2026-10-23

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

## Key facts

- Kind: Court document. A document filed or served in a court or tribunal.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: Victoria, Queensland, New South Wales
- AI level: 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: 2026-10-23
- Status: Maintained. Checked on 2026-10-23 against the 11 authorities it cites, for Victoria, Queensland and New South Wales.

## 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

- [Identify who may benefit from a dependency claim and who may bring it](https://ailawframework.com/practice/personal-injury-and-compensation/identify-who-may-benefit-from-a-dependency-claim-and-who-may-bring-it.md)
- [Separate the estate's surviving action from the dependants' action](https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-estate-s-surviving-action-from-the-dependants-action.md)
- [Build a dependency loss table and mark sums the statute says to ignore](https://ailawframework.com/practice/personal-injury-and-compensation/build-a-dependency-loss-table-and-mark-sums-the-statute-says-to-ignore.md)
- [Prepare the particulars of the persons for whom a dependency claim is brought](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-particulars-of-the-persons-for-whom-a-dependency-claim-is-br.md)
- [Prepare court-approval papers for a child or protected-person settlement](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-court-approval-papers-for-a-child-or-protected-person-settlement.md)

## 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.

## Authorities

- [Wrongs Act 1958 (Vic) s 17, action for the benefit of dependants and division of the amount recovered](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s17.html)
- [Wrongs Act 1958 (Vic) s 18, who may sue if there is no executor or no action within six months](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s18.html)
- [Wrongs Act 1958 (Vic) s 19, assessment of damages](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s19.html)
- [Wrongs Act 1958 (Vic) s 21, particulars of the persons for whom the action is brought](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s21.html)
- [Civil Proceedings Act 2011 (Qld) s 62, definitions for Part 10](https://classic.austlii.edu.au/au/legis/qld/consol_act/cpa2011175/s62.html)
- [Civil Proceedings Act 2011 (Qld) s 64, liability for a death, including management fees](https://classic.austlii.edu.au/au/legis/qld/consol_act/cpa2011175/s64.html)
- [Civil Proceedings Act 2011 (Qld) s 65, one proceeding, and division in the shares the court decides](https://classic.austlii.edu.au/au/legis/qld/consol_act/cpa2011175/s65.html)
- [Civil Proceedings Act 2011 (Qld) s 66, a proceeding brought other than by the personal representative](https://classic.austlii.edu.au/au/legis/qld/consol_act/cpa2011175/s66.html)
- [Compensation to Relatives Act 1897 (NSW), in force version from 15 July 2018, ss 3, 4, 5, 6, 6A, 6B, 6D and 7](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1897-031)
- [Public Trustee Act 1978 (Qld) s 59, sanction, and money held by the public trustee on trust](https://classic.austlii.edu.au/au/legis/qld/consol_act/pta1978179/s59.html)
- [Queensland Law Handbook, Claims by dependants of a person killed, updated 8 May 2025](https://queenslandlawhandbook.org.au/the-queensland-law-handbook/health-and-wellbeing/accidents-and-injury/claims-by-dependants-of-a-person-killed/)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/personal-injury-and-compensation/fatal-dependency-apportionment-outline and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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