--- title: "Map an NSW claim against an insurer under the 2017 direct-claim Act" url: "https://ailawframework.com/practice/insurance-law/prepare-a-claim-directly-against-the-liability-insurer-of-an-insolvent-o/new-south-wales" type: "task_jurisdiction_version" site: "AI Law Framework" id: "A22-T20261018-3-NSW" practice_area: "Insurance Law" tier: "red" lawyer_review: "required" jurisdictions: ["NSW"] last_reviewed: "2026-10-25" --- # Map an NSW claim against an insurer under the 2017 direct-claim Act > 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.… Canonical page: https://ailawframework.com/practice/insurance-law/prepare-a-claim-directly-against-the-liability-insurer-of-an-insolvent-o/new-south-wales Last reviewed: 2026-10-25 Site index for agents: https://ailawframework.com/llms.txt ## Key facts | Fact | Value | | --- | --- | | Practice area | [Insurance Law](https://ailawframework.com/practice/insurance-law.md) | | Human involvement | Red: Lawyer writes; AI may check, clarify or collect data | | 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 | New South Wales | | Applies to | [Prepare a claim directly against the liability insurer of an insolvent or deregistered defendant](https://ailawframework.com/practice/insurance-law/prepare-a-claim-directly-against-the-liability-insurer-of-an-insolvent-o.md) | ## Checking plan **Verify against sources** The lawyer decides whether the 2017 Act is the route, and whether leave can be granted. - What the AI does: 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 does: Decide the route, whether leave is needed, and whether the insurer can disclaim liability. Draft any originating process. - 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. Confirm the person is an insured person and the liability is an insured liability, as section 3 defines those terms. 2. Section 4 lets the claimant recover the insured liability from the insurer. It does not allow recovery from a reinsurer. 3. Proceedings under section 4 need leave. Leave must be refused if the insurer establishes that it is entitled to disclaim liability. 4. Section 6 uses the same limitation period as the claim against the insured person. Do not invent a different period. 5. Section 11 preserves rights under the Workers Compensation Act 1987. Do not treat this Act as replacing those rights. ## Notes - 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. ## Practical guide Jurisdiction: New South Wales courts and tribunals; Civil Liability (Third Party Claims Against Insurers) Act 2017 **Deliverable**: A route table for the lawyer, with the leave and disclaimer tests marked and no originating process drafted. **Inputs** - 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**: 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 escalate when** - The insurer's entitlement to disclaim liability is still unresolved. - The limitation period against the insured person has not been identified. Checked 2026-10-23. ## Sources - [Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) section 3](https://classic.austlii.edu.au/au/legis/nsw/consol_act/clpcaia2017520/s3.html) (checked 2026-10-23) - [Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) section 4](https://classic.austlii.edu.au/au/legis/nsw/consol_act/clpcaia2017520/s4.html) (checked 2026-10-23) - [Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) section 5](https://classic.austlii.edu.au/au/legis/nsw/consol_act/clpcaia2017520/s5.html) (checked 2026-10-23) - [Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) section 6](https://classic.austlii.edu.au/au/legis/nsw/consol_act/clpcaia2017520/s6.html) (checked 2026-10-23) - [Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) section 11](https://classic.austlii.edu.au/au/legis/nsw/consol_act/clpcaia2017520/s11.html) (checked 2026-10-23) ## Forms and precedents for this task | Form or precedent | Kind | AI level | Summary | | --- | --- | --- | --- | | [Claim against the insurer of a deregistered company](https://ailawframework.com/precedents/insurance-law/claim-on-insurer-of-deregistered-company.md) | Checklist | Red | Element checklist for Corporations Act 2001 section 601AG, where the company is deregistered. It does not cover insolvency without deregistration. | Signed-in accounts can read the full text of each one. *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*