---
title: "Where a child's damages are held in New South Wales"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-child-funds-paid-into-court"
type: "precedent"
site: "AI Law Framework"
id: "a21-nsw-child-funds-paid-into-court"
area_id: "A21"
kind: "court-document"
ai_level: "red"
version: 1
task_ids: ["A21-T1-R11"]
law_stated_as_at: "2026-10-23"
---

# 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.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-child-funds-paid-into-court  
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 authority it cites, for New South Wales.

## 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

- [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 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.

## Authorities

- [Civil Procedure Act 2005 (NSW) s 77, payment of money recovered on behalf of a person under legal incapacity](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s77.html)

## 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-child-funds-paid-into-court 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.*