Map an NSW claim against an insurer under the 2017 direct-claim Act
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the policy and the defendant facts the lawyer marks, list the insured person, the insurer and the indemnity, and set out the leave and disclaimer tests in sections 4 and 5. Do not draft the originating process or the leave application.
- What the lawyer must review
- Confirm an insured liability, and that leave is sought in a New South Wales court or tribunal.
- Leave must be refused if the insurer establishes that it is entitled to disclaim liability.
- The sections opened do not require the insured person to be insolvent or deregistered.
- Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test.
- Written for / version
- New South Wales versionNSWUS
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales courts and tribunals; Civil Liability (Third Party Claims Against Insurers) Act 2017
Produce. A route table for the lawyer, with the leave and disclaimer tests marked and no originating process drafted.
Have ready. Policy schedule and wording; Facts the lawyer marks about the defendant; Insurer's stated position; Date of the cause of action against the insured person.
Example of the limit. Illustrative example: The defendant company has been deregistered and held a liability policy. The tool lists section 4 and the leave test. It does not treat deregistration, which was not in the sections opened, as enough to sue the insurer, and it drafts no summons.
Stop and hand it back when
- The insurer's entitlement to disclaim liability is still unresolved.
- The limitation period against the insured person has not been identified.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the policy and the defendant facts the lawyer marks, list the insured person, the insurer and the indemnity, and set out the leave and disclaimer tests in sections 4 and 5. Do not draft the originating process or the leave application. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm the person is an insured person and the liability is an insured liability, as section 3 defines those terms.
- Section 4 lets the claimant recover the insured liability from the insurer. It does not allow recovery from a reinsurer.
- Proceedings under section 4 need leave. Leave must be refused if the insurer establishes that it is entitled to disclaim liability.
- Section 6 uses the same limitation period as the claim against the insured person. Do not invent a different period.
- Section 11 preserves rights under the Workers Compensation Act 1987. Do not treat this Act as replacing those rights.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Claim against the insurer of a deregistered company | Checklist | AI use Red | Element checklist for Corporations Act 2001 section 601AG, where the company is deregistered. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) section 3 · 2026-10-23
- Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) section 4 · 2026-10-23
- Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) section 5 · 2026-10-23
- Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) section 6 · 2026-10-23
- Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) section 11 · 2026-10-23
A court in this Act means a court or tribunal of New South Wales. The sections opened do not say the insured person must be insolvent or deregistered. No Corporations Act route was opened for this version.