---
title: "Compare a Part 10 scheme position with a standalone safety-defect claim"
url: "https://ailawframework.com/practice/class-actions-representative-proceedings/compare-one-injured-person-s-scheme-position-with-a-standalone-claim/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A7-PR20261023-2-NSW"
practice_area: "Class Actions / Representative Proceedings"
tier: "red"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Compare a Part 10 scheme position with a standalone safety-defect claim

> Set the approved scheme beside this person's figures, and list the Part VIB tests on a standalone Part 3-5 claim. Do not add a percentage group costs line. Do not value either path or advise the person to leave.

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/compare-one-injured-person-s-scheme-position-with-a-standalone-claim/new-south-wales  
Last reviewed: 2026-10-25

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Class Actions / Representative Proceedings](https://ailawframework.com/practice/class-actions-representative-proceedings.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Set the approved scheme beside this person's figures, and list the Part VIB tests on a standalone Part 3-5 claim. Do not add a percentage group costs line. Do not value either path or advise the person to leave. |
| What the lawyer must review | Write the comparison on the same heads of loss. Put Part VIB on the Part 3-5 claim. Do not put Civil Liability Act s 16 on that claim. Use section 173 for just orders to distribute money, including interest. No percentage costs order is stated. Do not draft an opt-out notice in this task. |
| Written for | New South Wales |
| Applies to | [Compare one injured person's scheme position with a standalone claim](https://ailawframework.com/practice/class-actions-representative-proceedings/compare-one-injured-person-s-scheme-position-with-a-standalone-claim.md) |

## Checking plan

**Lawyer-led judgement**

Part 10 approval is s 173. The opened text does not create a percentage group costs order. The lawyer does not assume a Federal Court settlement uses one either. The lawyer writes the comparison.

- What the AI does: Set the approved scheme beside this person's figures, and list the Part VIB tests on a standalone Part 3-5 claim. Do not add a percentage group costs line. Do not value either path or advise the person to leave.
- What the lawyer does: The lawyer writes the Part 10 comparison.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Use the categories in the approved scheme.
2. Keep s 87S and the indexed s 87M amount on the standalone side.
3. Do not use the printed $350,000 in s 16 as a current cap, or as the Part 3-5 cap.
4. Section 173 approval is still required.

## Notes

- Practice Note SC GEN 23 and District Court General Practice Note 2 prohibit generative AI from generating affidavit content, and require leave before it drafts an expert report. Draw the note to the expert.

## Practical guide

Jurisdiction: Supreme Court of New South Wales, Part 10

**Deliverable**: The lawyer's comparison for one injured group member, without an invented costs percentage.

**Inputs**

- The approved scheme
- This person's figures
- The s 173 orders sought

**Example**: Illustrative example: The scheme assesses this person's injury by category. The lawyer compares that category with a Part VIB assessment and does not insert a percentage that s 173, as opened, does not create.

**Stop and escalate when**

- The tool writes the advice.
- Section 16 is applied to the Part 3-5 claim.

Checked 2026-10-23.

## Sources

- [Civil Procedure Act 2005 (NSW), s 173](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s173.html) (checked 2026-10-23)
- [Competition and Consumer Act 2010 (Cth), s 87E and s 87S](https://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s87s.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW), s 16](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s16.html) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*