Decide whether the claim is in time and in the right court

MaintainedLast reviewed

Key facts

Human involvement
RedLawyer-led
How AI is used
Organise the candidate cause of action, the forum and the possible start dates into a table for the lawyer to decide whether the claim is in time.
What the lawyer must review
  • Decide whether proceedings are in time and which court can hear them
  • Treat the generated table only as a list of dates to check
Written for / version
Written for New South Wales

The work product

Forum. The Australian state, territory or Commonwealth court in which proceedings would issue

Produce. A one-page note naming the proposed court, the limitation statute and the date the lawyer will use.

Have ready. The contract and the breach or non-payment date; Any acknowledgement, part payment or statutory notice; The courts you are considering.

Example of the limit. A part payment in year five may restart time under some statutes and not others. The table flags the payment. It does not say the claim is saved.

Stop and hand it back when

  • You cannot point to the in-force limitation statute for that forum.
  • The amount may exceed the court you first thought of.

Sources for this task were checked on 2026-09-22.

Who does what

Who does what
RoleWhat they do
AssistanceSupporting preparation only. Organise the candidate cause of action, the forum and the possible start dates into a table for the lawyer to decide whether the claim is in time. Substantive advice, judgement and any restricted content remain with the responsible human.
LawyerPerform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use.

Checklist

  1. Name the cause of action and the forum before you look up a period.
  2. Open the in-force limitation statute and record the section you rely on, the accrual rule and any extension.
  3. Check the court’s current monetary limit and prescribed form, not a limit remembered from another year.
  4. The lawyer records the decision. Do not leave “likely in time” in a document that will be filed or sent.

Sources

Suggested working checks from the linked public sources. Read the source and confirm it applies to this forum and this date. The checks do not approve software or record that the work is done.

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