---
title: "List open questions for a New South Wales prospects advice"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-issues-list-for-an-early-prospects-advice/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-IN20261023-11-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# List open questions for a New South Wales prospects advice

> List open questions on liability, scheme, injury, time and missing evidence, and tie each question to a document or note already in the file. Write none of the advice, and none of any letter the client receives.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-issues-list-for-an-early-prospects-advice/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 | List open questions on liability, scheme, injury, time and missing evidence, and tie each question to a document or note already in the file. Write none of the advice, and none of any letter the client receives. |
| What the lawyer must review | The lawyer writes the advice. The tool writes none of it Use section 10, section 3.35 and section 50A only as questions Do not write anything that is a person's evidence |
| Written for | New South Wales |
| Applies to | [Assemble the issues list for an early prospects advice](https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-issues-list-for-an-early-prospects-advice.md) |

## Checking plan

**Verify against sources**

The list is of open questions. The prospects advice is the lawyer's, and so is any letter the client receives.

- What the AI does: List open questions on liability, scheme, injury, time and missing evidence, and tie each question to a document or note already in the file. Write none of the advice, and none of any letter the client receives.
- What the lawyer does: Write the advice. Use the list only as a set of questions.
- 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. A journey question is whether section 10 can apply, including the misconduct limit, the medical-condition limit, and the real and substantial connection required for a journey to or from the place of abode. The list does not answer it.
2. An overlap question is whether section 3.35 removes statutory benefits because workers compensation is payable, and whether the insurer is yet entitled to refuse payment. The list does not say that one claim replaces the other.
3. A time question records section 50A(3): the personal-injury limitation Division does not apply to a Motor Accidents Compensation Act 1999 claim or a Motor Accident Injuries Act 2017 claim. It records section 50F only to ask whether a minor has a capable parent or guardian. No period is stated, because the discoverability provision was not opened.
4. Practice note SC Gen 23, paragraph 10, says generative artificial intelligence must not generate the content of a person's evidence. This list is not that content, and it is not the advice.

## Notes

- Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).
- Rule 7.1 requires clear and timely advice so the client can make informed choices. The lawyer gives that advice. The tool does not.

## Practical guide

Jurisdiction: New South Wales

**Deliverable**: A list of open questions, each tied to a document or note already on the file.

**Inputs**

- The documents and notes already on the file
- The questions the lawyer has marked as open

**Example**: Illustrative example: The file has no payslips. The list asks what the earnings were, and cites the interview note. It does not estimate them, and it does not write the advice.

**Stop and escalate when**

- The tool would write the advice.
- The tool would write a letter for the client.

Checked 2026-10-23.

## Sources

- [Workers Compensation Act 1987 (NSW), in force from 1 October 2026, section 10](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1987-070) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW), in force from 10 June 2026, section 3.35](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2017-010) (checked 2026-10-23)
- [Limitation Act 1969 (NSW), sections 50A and 50F](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50a.html) (checked 2026-10-23)
- [Supreme Court of NSW, Practice Note SC Gen 23, paragraph 10](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*