Assemble the facts for a New South Wales application to set aside an affected agreement
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the deed and the payment records the lawyer has marked, extract the date, the amount, whether a limitation period had expired, and whether the organisation is described as unincorporated. Write nothing that is filed.
- What the lawyer must review
- The lawyer writes the application. Decide which paragraph of s 7C(1) is said to apply.
- Do not treat a deed signed today as meeting the timing words in s 7C.
- Section 7D lists the matters the court may consider. Do not treat them as a formula.
- Keep the file in the firm's system. 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. The court with jurisdiction to hear the cause of action. The s 7D application is made in that court.
Produce. A fact table from the earlier deed, for the lawyer who writes the application.
Have ready. The deed and its date; The amount paid; Whether a limitation period had expired; Whether the organisation was unincorporated.
Example of the limit. Illustrative example: The deed is dated before s 6A, and the file says the limitation period had already expired. The tool records the date and the amount. The lawyer writes the application and decides whether s 7C(1)(a) is met.
Stop and hand it back when
- The tool is asked to write a paragraph of the application.
- The only agreement on the file was signed in the current matter.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the deed and the payment records the lawyer has marked, extract the date, the amount, whether a limitation period had expired, and whether the organisation is described as unincorporated. Write nothing that is filed. 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
- An affected agreement prevents an action to which Limitation Act s 6A applies, and falls into one of the three paragraphs in s 7C(1): a limitation period had expired before s 6A commenced; or, before Part 1B commenced, the organisation was not incorporated; or, before Part 1B commenced, the agreement is not just and reasonable.
- Section 7D lets the person commence proceedings and apply to set the agreement aside. The court may do so if it is just and reasonable, and may consider the amount, the bargaining position, and the conduct of the other parties and their lawyers.
- Section 7D(4) says section 131(1) of the Evidence Act 1995 does not prevent evidence of a settlement negotiation being adduced on an application under section 7D. The in-force compilation links that Act to the New South Wales Act.
- A limitation period is taken to have expired even if leave to extend it could have been sought.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Checklist for setting aside an earlier settlement of a child-abuse claim | Checklist | AI use Yellow | A lawyer's list of the statutory grounds for asking a court to set aside an earlier settlement of a child-abuse claim in Victoria, Queensland and New South Wales. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Civil Liability Act 2002 (NSW) s 7C · 2026-10-23
- Civil Liability Act 2002 (NSW) s 7D · 2026-10-23
- Limitation Act 1969 (NSW) s 6A · 2026-10-23
- Supreme Court of New South Wales page on Practice Note SC Gen 23 · 2026-10-23
A deed signed today is outside the timing words in s 7C. Do not promise that it can later be set aside under Part 1C.
If this is used in a Supreme Court document, read Practice Note SC Gen 23. The Court's page records amendments that came into effect on 3 February 2025. The note itself was not opened, so no clause is quoted.
Records on this file stay in a firm-controlled tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable under the Privacy Act 1988 (Cth).