Answer a New South Wales defect notice on a pre-filing statement
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, list each defect the insurer states and the time to correct it or to refer the dispute. Do not rewrite the pre-filing statement.
- What the lawyer must review
- Decide which defects are real, and what is sent to correct them.
- Diary 7 days from service for the defect notice.
- If a direction to cure is missed, treat the statement as not served.
- Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply.
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: a defect notice on a pre-filing statement under Procedural Direction WC4
Produce. A defect table and a response list for a New South Wales pre-filing statement.
Have ready. Defect notice; Date the pre-filing statement was served; Any direction to cure.
Example of the limit. Illustrative example: The defect notice arrived 9 days after service. The tool flags the 7-day period as passed and does not rewrite the statement. The lawyer decides whether the notice was in time.
Stop and hand it back when
- The defect notice or the service date is missing.
- The tool has rewritten the pre-filing statement.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In the firm-controlled tool, list each defect the insurer states and the time to correct it or to refer the dispute. Do not rewrite the pre-filing statement. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the defect notice was given within 7 days of service.
- Correct only the defects the notice identifies, in the way it states.
- Either party may refer a dispute about the defects to the President.
- If a direction to cure is not complied with in time, record that the pre-filing statement is taken not to have been served.
Sources
- Personal Injury Commission: Procedural Direction WC4 · 2026-10-23
- SIRA workers compensation claims guide: Work injury damages · 2026-10-23
- Supreme Court of New South Wales: Practice Note SC Gen 23 · 2026-10-23
SIRA says that if the pre-filing statement is defective the insurer must advise the worker within seven days, state the alleged defects, and outline how they can be corrected. Procedural Direction WC4 says the defendant can assert that the statement is defective within 7 days of service. If the claimant does not cure the defects or disputes that the statement is defective, either party may refer the dispute to the President. If a direction to cure the defect is not complied with in time, the pre-filing statement is taken not to have been served. The insurer otherwise responds within 28 days by accepting liability or by serving a pre-filing defence. The requirement to paginate and index each attached document, and not merely to list the pre-filing statement and the defence, is WC4 paragraph 25. That paragraph belongs to an application to strike out a pre-filing statement. It is not in the defective-pre-filing-statement paragraphs.
Work injury damages trials are commonly heard in the District Court. Check that court's generative AI note before filing. It was not opened for this version. Supreme Court Practice Note SC Gen 23 was amended on 28 January 2025, with the stated amendments in effect from 3 February 2025. For a Commission mediation, check the Commission's current generative AI direction.
Keep health and wage records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).