Index the NSW material for leave to start motor-accident proceedings
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Index the documents the lawyer selects against the leave tests in section 6.32, and note which element has a document and which does not. Do not write the application or any evidence that will be filed.
- What the lawyer must review
- Write the application and any evidence that will be filed. Check ASCR r 9, APP 11 and any notifiable breach.
- Leave needs a full and satisfactory explanation and the section 6.32 damages comparison. Do not decide either.
- Do not state a dollar maximum. Section 4.13 was not opened.
- Verify every citation yourself. Do not use a generative tool to check that a citation exists.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Leave to commence court proceedings under section 6.32 of the Motor Accident Injuries Act 2017 (NSW)
Produce. An index against the section 6.32 tests. No application.
Have ready. Accident date, or date of death if the claim is for a death; Any Commission damages-assessment certificate; Documents the lawyer selects on delay and on likely damages.
Example of the limit. Illustrative example: The accident was more than three years ago and the claim was referred for damages assessment. The tool records the accident date, the referral, and that both leave tests are still for the lawyer. It does not draft the application.
Stop and hand it back when
- The tool is asked to write the application or to say the explanation is full and satisfactory.
- The tool is asked to state the section 4.13 maximum in dollars.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Index the documents the lawyer selects against the leave tests in section 6.32, and note which element has a document and which does not. Do not write the application or any evidence that will be 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
- Court proceedings on a claim may not be commenced more than 3 years after the accident, or after the date of death if the claim is for a death, except with the leave of that court.
- Time does not run while the claim is with the Commission for assessment of damages, until 2 months after a certificate of assessment or of exemption from assessment is issued.
- The court must not grant leave unless the claimant provides a full and satisfactory explanation for the delay, and the total damages of all kinds likely to be awarded if the claim succeeds are not less than 25 per cent of the maximum for non-economic loss under section 4.13 as at the accident date. Section 4.13 was not opened. Do not state that maximum in dollars.
- The 25 per cent comparison does not apply where the claimant is legally incapacitated because of age or mental capacity. The Limitation Act 1969 does not apply to proceedings in respect of a claim. Do not say the explanation is full and satisfactory.
- Section 6.14 is the time for making the damages claim on the insurer. It is not this leave test. The tool indexes only and writes no application.
Sources
- Motor Accident Injuries Act 2017 (NSW) section 6.32 · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW) section 6.14 · 2026-10-23
The comparison is not less than 25 per cent. It is not a test of more than 25 per cent. No dollar figure for the section 4.13 maximum was opened. A citation is verified by the lawyer, not by asking a generative tool whether a case exists.