---
title: "Deed of release for a personal injury damages claim"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/personal-injury-deed-of-release"
type: "precedent"
site: "AI Law Framework"
id: "a21-personal-injury-deed-of-release"
area_id: "A21"
kind: "deed"
ai_level: "yellow"
version: 1
task_ids: ["A21-W20261018-3", "A21-T1-R10", "A21-T1-R11", "A21-W20261018-1", "A21-W20261018-2"]
law_stated_as_at: "2026-10-23"
---

# Deed of release for a personal injury damages claim

> Deed of release for a personal injury damages claim in Victoria, Queensland or New South Wales, conditional on sanction or approval where the claimant cannot give a binding release.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/personal-injury-deed-of-release  
Law stated as at: 2026-10-23

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

## Key facts

- Kind: Deed. A deed that must be executed as a deed.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: Victoria, Queensland, New South Wales
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- 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 plaintiff firm has agreed the amount and the costs treatment of a personal injury damages claim, and the client, if able to instruct, is to sign a release. Do not use it as the order that sanctions or approves a settlement for a child or a person under a legal disability or legal incapacity.

## Used for these tasks

- [Draft the compensation recovery terms of a personal injury settlement deed](https://ailawframework.com/practice/personal-injury-and-compensation/draft-the-compensation-recovery-terms-of-a-personal-injury-settlement-de.md)
- [Draft a settlement advice and conference paper](https://ailawframework.com/practice/personal-injury-and-compensation/draft-a-settlement-advice-and-conference-paper.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)
- [Notify Medicare of a judgment or settlement and track the clearance](https://ailawframework.com/practice/personal-injury-and-compensation/notify-medicare-of-a-judgment-or-settlement-and-track-the-clearance.md)
- [Calculate the Centrelink compensation preclusion period before settlement](https://ailawframework.com/practice/personal-injury-and-compensation/calculate-the-centrelink-compensation-preclusion-period-before-settlemen.md)

## How AI may be used

AI may fill names, dates and the figures the lawyer has already approved into this deed, in a firm-controlled tool; the lawyer settles every operative clause before anyone signs.

**AI may:**

- Insert the parties, the date and place of injury, the proceeding number and the approved settlement sum
- Carry the Medicare, Centrelink and other refund figures from notices the lawyer has accepted into the payment clause
- List clauses that are still in square brackets

**AI must not:**

- Must not choose the sum, whether costs are additional or included, or any carve-out from the release
- Must not state that a person under a legal disability or legal incapacity is bound before sanction or approval
- Must not put medical reports, wage records or Centrelink records into a public tool

**The lawyer checks:**

- The client can instruct, or the deed is expressed to be conditional on the sanction or approval that applies
- The costs figure matches the disclosure given before the settlement is executed
- The payer cannot pay the injured person until the Medicare step on the Services Australia page is met
- Queensland execution follows ss 50 and 51, and New South Wales execution follows ss 38 and 38A. Victorian execution is confirmed separately

## Authorities

- [Public Trustee Act 1978 (Qld) s 59 (settlement or compromise of a claim for money or damages by or for a person under a legal disability is not valid without the sanction of the court or the public trustee)](https://classic.austlii.edu.au/au/legis/qld/consol_act/pta1978179/s59.html)
- [Uniform Civil Procedure Rules 1999 (Qld) r 98 (a settlement of a proceeding in which a party is a person under a legal incapacity is ineffective unless approved by the court or the public trustee under s 59)](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s98.html)
- [Civil Procedure Act 2005 (NSW) s 76 (no compromise or settlement, as regards a person under legal incapacity, except with the approval of the court, subject to s 76(3A))](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)](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s3.html)
- [Funds in Court (Vic), Approvals of Compromise, quoting Supreme Court (General Civil Procedure) Rules 2025 (Vic) r 15.08](https://fundsincourt.vic.gov.au/for-legal-other-professionals/approvals-of-compromise/)
- [Property Law Act 2023 (Qld) ss 50 and 51 (a document to have effect as a deed may be electronic; an individual executes by signing, with or without a witness)](https://classic.austlii.edu.au/au/legis/qld/consol_act/pla2023179/s51.html)
- [Conveyancing Act 1919 (NSW) ss 38 and 38A (a deed is signed and attested by at least one witness who is not a party; electronic form is permitted)](https://classic.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s38.html)
- [Legal Profession Uniform Law (NSW) s 177 (disclosure to the client before a settlement of a litigious matter is executed)](https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s177.html)
- [Legal Profession Act 2007 (Qld) s 312 (additional disclosure before a settlement of a litigious matter is executed)](https://classic.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s312.html)
- [Services Australia, Medicare Compensation Recovery Notification Requirements (opened 23 October 2026)](https://www.servicesaustralia.gov.au/medicare-compensation-recovery-notification-requirements)
- [Services Australia, Preclusion periods for Centrelink compensation recovery (opened 23 October 2026)](https://www.servicesaustralia.gov.au/preclusion-periods-for-centrelink-compensation-recovery?context=22516)

## 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/personal-injury-deed-of-release 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.*