---
title: "NSW approval of a personal injury compromise for a person under legal incapacity"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-approval-of-compromise-outline"
type: "precedent"
site: "AI Law Framework"
id: "a21-nsw-approval-of-compromise-outline"
area_id: "A21"
kind: "court-document"
ai_level: "red"
version: 1
task_ids: ["A21-T1-R11"]
law_stated_as_at: "2026-10-23"
---

# 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.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-approval-of-compromise-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: 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 5 authorities it cites, for New South Wales.

## 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

- [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 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

## Authorities

- [Civil Procedure Act 2005 (NSW) s 76 (approval of a compromise or settlement, and of acceptance of money paid into court)](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s76.html)
- [Civil Procedure Act 2005 (NSW) s 3 (definition of person under legal incapacity, and of tutor)](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s3.html)
- [Uniform Civil Procedure Rules 2005 (NSW) r 7.14 (proceedings by a tutor, who acts by a solicitor unless the court orders otherwise)](https://www5.austlii.edu.au/au/legis/nsw/consol_reg/ucpr2005305/s7.14.html)
- [District Court Practice Note DC (Civil) No. 7, Court Approval of Settlements (Sydney registry; Chief Judge Blanch, 6 May 2009)](https://districtcourt.nsw.gov.au/content/dam/dcj/ctsd/districtcourt/documents/practice-notes/district-court-pn---civil/Practice%20Note%20-%20Court%20Approval%20of%20Settlements%20(Civil).pdf)
- [Supreme Court Practice Note SC Gen 23, Use of Generative Artificial Intelligence (issued 28 January 2025, commences 3 February 2025)](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf)

## 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/nsw-approval-of-compromise-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.*