Court document · Personal Injury & Compensation
NSW approval of a personal injury compromise for a person under legal incapacity
Outline for approval under section 76 of the Civil Procedure Act 2005 (NSW) of a personal injury compromise for a person under legal incapacity. The affidavit and the advice to the court are not written here.
- Kind
- Court document. A document filed or served in a court or tribunal.
- Where it applies
- 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 5 authorities it cites, for New South Wales.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a New South Wales personal injury proceeding is brought by or against a person under legal incapacity and a compromise is proposed. In the District Court, the Sydney practice note was opened. A Supreme Court practice note devoted to section 76 was not found.
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 affidavit, the advice to the court and the orders; the tool writes nothing into them and may only check the Sydney practice note's topic list against the bundle the lawyer has assembled.
AI may
- List which items in paragraph 6 of Practice Note DC (Civil) No. 7 have a document on the file and which do not
- Calculate a date three clear working days before the listing the lawyer has nominated
- Reconcile the net amount in the lawyer's draft with the notices and invoices the lawyer has accepted
AI must not
- Must not draft or outline the affidavit, the tutor's evidence, or counsel's or the solicitor's advice to the court
- Must not generate the content of an affidavit filed in the Supreme Court. Practice Note SC Gen 23 prohibits that
- Must not put medical reports or the advice to the court into a public tool
The lawyer checks
- The person is under legal incapacity as s 3 defines it, or the court has made a finding under s 76(1)(c), unless s 76(3A) applies
- A tutor conducts the proceeding, by a solicitor, unless the court has ordered otherwise (r 7.14)
- If the application is in the District Court at Sydney, Practice Note DC (Civil) No. 7 is followed, including attendance of the plaintiff and the tutor
- The advice on liability and on each head of damage is the lawyer's, and is provided three clear working days before a Sydney listing
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
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- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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