Court document · Personal Injury & Compensation

Where a child's damages are held in New South Wales

The direction for money recovered for a child in New South Wales: paid into court unless the court orders payment to the NSW Trustee and Guardian or another person. The lawyer writes the order.

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 authority it cites, for New South Wales.
Version
1
Source
Written for this library

When to use it

Use when a New South Wales order must say where money recovered for a minor is held. Do not use it to describe how the NSW Trustee invests or pays money out. That administration was not opened.

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 tool writes nothing into the order. Section 77 is the holding rule, and it is not a reason to pay the NSW Trustee unless the order says so.

AI may

  • State the section 77 default that money recovered for a person under legal incapacity is paid into court.
  • Record the court's power to direct payment to the NSW Trustee and Guardian where the person is a minor.
  • Keep the payment waterfall in the separate payment-directions precedent.

AI must not

  • Do not draft an affidavit.
  • Do not describe NSW Trustee fees, investments or a payment-out process. No administration page was opened.
  • Do not send the money to the NSW Trustee and Guardian unless the order directs that.
  • Do not copy the Victorian Funds in Court or Queensland Public Trustee steps into this order.

The lawyer checks

  • Read section 77 against the order. Subsection (2) is the default. Subsections (3) and (4) are the court's directions.
  • A protected person's money is paid to the manager of the estate only if the order says so. That is a different direction from a minor's.
  • The private manager's plan is a separate form and is not completed here.

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

Authorities

Read the full text

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