---
title: "Assemble the facts for a New South Wales application to set aside an affected agreement"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-facts-for-an-application-to-set-aside-an-earlier-settlement/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-AB20261023-2-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Assemble the facts for a New South Wales application to set aside an affected agreement

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-facts-for-an-application-to-set-aside-an-earlier-settlement/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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. |
| Written for | New South Wales |
| Applies to | [Assemble the facts for an application to set aside an earlier settlement](https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-facts-for-an-application-to-set-aside-an-earlier-settlement.md) |

## Checking plan

**Lawyer writes what is filed**

The application is filed, so the lawyer writes it. The tool only extracts deed facts.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise the output for its intended use.
- 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. 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.
2. 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.
3. 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.
4. A limitation period is taken to have expired even if leave to extend it could have been sought.

## Notes

- 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).

## Practical guide

Jurisdiction: New South Wales. The court with jurisdiction to hear the cause of action. The s 7D application is made in that court.

**Deliverable**: A fact table from the earlier deed, for the lawyer who writes the application.

**Inputs**

- The deed and its date
- The amount paid
- Whether a limitation period had expired
- Whether the organisation was unincorporated

**Example**: 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 escalate when**

- The tool is asked to write a paragraph of the application.
- The only agreement on the file was signed in the current matter.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW) s 7C](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s7c.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) s 7D](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s7d.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW) s 6A](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s6a.html) (checked 2026-10-23)
- [Supreme Court of New South Wales page on Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/practice-procedure/generative-artificial-intelligence.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Checklist for setting aside an earlier settlement of a child-abuse claim](https://ailawframework.com/precedents/personal-injury-and-compensation/checklist-set-aside-child-abuse-settlement.md) | Checklist | 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. It is an issues list, not evidence. |

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.*