---
title: "Count NSW injury notice and limitation dates from the facts the lawyer names"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/calculate-limitation-and-pre-action-notice-deadlines-from-the-injury-fac/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-T1-R1-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Count NSW injury notice and limitation dates from the facts the lawyer names

> From the trigger dates and the provisions the lawyer names, count each NSW deadline and record the date, the fact it was counted from, and the provision. List any date with no source. Do not choose which regime applies.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/calculate-limitation-and-pre-action-notice-deadlines-from-the-injury-fac/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 trigger dates and the provisions the lawyer names, count each NSW deadline and record the date, the fact it was counted from, and the provision. List any date with no source. Do not choose which regime applies. |
| What the lawyer must review | Do not treat a passed date as final until the excuse or extension provision is checked Check which clock applies. Workers compensation, motor accidents and the Limitation Act differ Do not give the date arithmetic to the client as advice that the claim is in time Apply the current instrument before any date is given to the client |
| Written for | New South Wales |
| Applies to | [Calculate limitation and pre-action notice deadlines from the injury facts](https://ailawframework.com/practice/personal-injury-and-compensation/calculate-limitation-and-pre-action-notice-deadlines-from-the-injury-fac.md) |

## Checking plan

**Verify against sources**

The lawyer names the NSW regime and the trigger facts. The tool counts the dates and does not choose the regime.

- What the AI does: From the trigger dates and the provisions the lawyer names, count each NSW deadline and record the date, the fact it was counted from, and the provision. List any date with no source. Do not choose which regime applies.
- What the lawyer does: Choose the regime, check any excuse or extension, and give the advice.
- 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. Under section 50C of the Limitation Act 1969, the claim is out of time at the earlier of 3 years from discoverability and 12 years from the act or omission. Section 50D states the three facts that make a claim discoverable. The note to section 50C says a court can extend the 12-year period under Division 4 of Part 3.
2. Under section 261 of the Workplace Injury Management and Workers Compensation Act 1998, a compensation claim is to be made within 6 months of the injury or death. Subsections (4) to (7) state the excuses and the awareness rules. Do not treat a passed date as final.
3. Under section 6.13 of the Motor Accident Injuries Act 2017, a statutory benefits claim is due within 3 months. Weekly payments before the claim are not payable unless the claim is made within 28 days, subject to that section. A later claim needs a full and satisfactory explanation and must meet subsection (3).
4. Under section 6.14(2), a damages claim is due within 3 years of the motor accident. A late claim needs a full and satisfactory explanation given first to the insurer.

## Notes

- Section 50C(2) and (3) change the count for a survivor action and a compensation to relatives action. Section 6.13(4) gives a further 3 months for some statutory benefits after workers compensation medical payments stop.
- The count is an internal table. Practice Note SC Gen 23 allows a chronology and prohibits generative AI from generating the content of evidence filed in court.

## Practical guide

Jurisdiction: NSW personal injury limitation and scheme notice periods

**Deliverable**: A dated table, one row for each provision the lawyer names, with the source fact and any missing date.

**Inputs**

- The regime and provisions named by the lawyer
- Incident, awareness and claim dates taken from the file
- Any discoverability facts the lawyer has nominated

**Example**: Illustrative example: The lawyer names section 6.13 and an accident on 1 March. The table counts three months for the statutory benefits claim and 28 days for weekly payments from the day after the accident. It does not say the claim is in time.

**Stop and escalate when**

- The lawyer has not named the regime.
- A trigger date has no source in the file.
- The date has passed and the excuse or extension provision has not been considered.

Checked 2026-10-23.

## Sources

- [Limitation Act 1969 (NSW) section 50C](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50c.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW) section 50D](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50d.html) (checked 2026-10-23)
- [Workplace Injury Management and Workers Compensation Act 1998 (NSW) section 261](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wimawca1998540/s261.html) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW) section 6.13](https://classic.austlii.edu.au/au/legis/nsw/consol_act/maia2017245/s6.13.html) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW) section 6.14](https://classic.austlii.edu.au/au/legis/nsw/consol_act/maia2017245/s6.14.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Limitation and notice diary procedure](https://ailawframework.com/precedents/personal-injury-and-compensation/firm-limitation-notice-diary.md) | Policy | Yellow | Firm procedure for recording limitation and pre-action notice dates on a plaintiff injury file.… |
| [Notice of accident claim, non-fatal injury (MAIC Form F1)](https://ailawframework.com/precedents/personal-injury-and-compensation/form-qld-maic-noac-non-fatal.md) | Form | Yellow | Link to MAIC Form F1 V8 Oct 2022, the Notice of Accident Claim Form (Non-Fatal Injury). The claimant certificate is a statutory declaration. |
| [Application for review (SAET form A02, Return to Work): completion guide](https://ailawframework.com/precedents/personal-injury-and-compensation/form-saet-a02-review.md) | Form | Yellow | Link to SAET form A02, Application for Review (Return to Work), on the start-a-new-case page.… |
| [Injury intake questionnaire](https://ailawframework.com/precedents/personal-injury-and-compensation/injury-intake-questionnaire.md) | Form | Yellow | Questions for the first contact with an injured person: who is enquiring, age and capacity, how the injury happened, which schemes might apply, treatment and work, and the documents to keep.… |
| [Letter to an occupier and its insurer: notice of an injury and a liability response](https://ailawframework.com/precedents/personal-injury-and-compensation/occupier-insurer-injury-notice-letter.md) | Letter | Yellow | A plaintiff firm's letter telling an occupier and its public liability insurer about an injury, asking for the insurer's details and a liability response, and asking that footage and incident… |
| [Request to the Transport Accident Commission for a serious injury certificate](https://ailawframework.com/precedents/personal-injury-and-compensation/vic-tac-serious-injury-certificate-request.md) | Letter | Yellow | Letter asking the Transport Accident Commission to determine impairment and, if it is under 30 per cent, to issue a serious injury certificate for a common law damages claim. |
| [New matter checklist](https://ailawframework.com/precedents/personal-injury-and-compensation/firm-new-matter-checklist.md) | Checklist | Yellow | Checklist for opening a plaintiff injury file: identity, conflicts, the diary, costs disclosure, authorities, and consent before health records go into a tool. |
| [First-interview record](https://ailawframework.com/precedents/personal-injury-and-compensation/first-interview-record.md) | Memo | Yellow | Internal note of the first interview: who attended, what was said about the injury, the schemes and deadlines discussed, the advice given in outline, and the next steps.… |
| [Notice of accident claim, fatal injury (MAIC Form F4)](https://ailawframework.com/precedents/personal-injury-and-compensation/form-qld-maic-noac-fatal.md) | Form | Yellow | Link to the MAIC Notice of Accident Claim Form (Fatal Injury). The claimant certificate is a statutory declaration. |
| [Limitation period checklist for a personal injury claim (Limitation Act 1969 (NSW) Part 2 Division 6)](https://ailawframework.com/precedents/personal-injury-and-compensation/personal-injury-limitation-and-deadline-checklist-nsw.md) | Checklist | Red | Checklist for working out the limitation period for a NSW personal injury or death claim: whether Division 6 applies, the 3-year discoverability and 12-year long-stop periods, discoverability facts,… |
| [Notice to a road authority of an incident, asking for inspection and complaint records](https://ailawframework.com/precedents/personal-injury-and-compensation/road-authority-incident-notice-letter.md) | Letter | Yellow | A letter giving a Victorian road authority the particulars of a notice of incident, and asking a road authority in Victoria, Queensland or New South Wales for the inspection, complaint and repair… |
| [Request that the Transport Accident Commission accept a late Part 3 claim](https://ailawframework.com/precedents/personal-injury-and-compensation/vic-tac-late-part-3-claim.md) | Letter | Yellow | Letter asking the Transport Accident Commission to accept a Part 3 claim made after one year and before three years, setting out the grounds for the delay. |
| [File review checklist](https://ailawframework.com/precedents/personal-injury-and-compensation/firm-file-review-checklist.md) | Checklist | Yellow | Periodic review of a plaintiff injury file: the diary, a change in the costs estimate, outstanding notices, and whether health records are still only in an approved tool. |
| [Queensland Notice of Accident Claim: time, service and a reply to noncompliance](https://ailawframework.com/precedents/personal-injury-and-compensation/qld-maic-notice-and-compliance-reply.md) | Checklist | Yellow | Checklist for a Queensland CTP Notice of Accident Claim, and a short reply when the insurer says the notice does not comply. |
| [Letter asking that footage, photographs and physical evidence be preserved](https://ailawframework.com/precedents/personal-injury-and-compensation/cctv-and-evidence-preservation-letter.md) | Letter | Yellow | A letter asking the person who holds footage or a physical item to stop it being overwritten, deleted or repaired, and to say whether it still exists.… |
| [Letter of claim to a public health service, including an initial notice](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-of-claim-public-health-service.md) | Letter | Yellow | Letter of claim to a public health service. In Queensland it is an initial notice under the Personal Injuries Proceedings Act 2002 s 9A, and the Victorian and New South Wales variants ask the… |
| [Queensland part 1 notice of claim and reply to a compliance response](https://ailawframework.com/precedents/personal-injury-and-compensation/qld-pipa-part-1-notice-and-compliance-reply.md) | Letter | Yellow | Letter and checklist for giving part 1 of a Queensland notice of claim under the Personal Injuries Proceedings Act 2002, and for answering a respondent who says part 1 does not comply. |
| [Application for mediation (NT WorkSafe): completion guide](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nt-wc-mediation.md) | Form | Yellow | Link to the NT WorkSafe application for mediation under the Return to Work Act 1986. The form page gives no form number.… |
| [PIPA notice of claim, non-health care (Form 1, version 7)](https://ailawframework.com/precedents/personal-injury-and-compensation/form-qld-pipa-notice-non-healthcare.md) | Form | Yellow | Link to Personal Injuries Proceedings Act Form 1, version 7, in force from 1 September 2025. Part 1 and Part 2 are each an Oaths Act statutory declaration and are given at different times. |
| [TAC common law time limit notification form: completion guide](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-tac-common-law-time-limit.md) | Form | Yellow | Guide to the TAC form used when a serious injury certificate application will be lodged outside the six-year period in the Limitation of Actions Act 1958, under the Common Law Protocol 2026. |
| [Letter to an institution about a claim for abuse of a child](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-to-institution-child-abuse-claim.md) | Letter | Yellow | Letter telling an institution that a person intends to claim for abuse suffered as a child, covering the limitation position and the proper-defendant rules in Victoria, Queensland and New South Wales. |
| [Queensland notice of claim for damages: assembly checklist](https://ailawframework.com/precedents/personal-injury-and-compensation/qld-workcover-notice-of-claim-for-damages.md) | Checklist | Yellow | Checklist for assembling a notice of claim for damages under section 275 of the Workers' Compensation and Rehabilitation Act 2003 (Qld) before a proceeding is started. |
| [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. |
| [PIPA notice of claim, health care (Form 2, version 7)](https://ailawframework.com/precedents/personal-injury-and-compensation/form-qld-pipa-notice-healthcare.md) | Form | Yellow | Link to Personal Injuries Proceedings Act Form 2, version 7, for a health care claim. Part 1 and Part 2 are Oaths Act statutory declarations. |
| [Request that a NSW CTP insurer concede impairment greater than 10 per cent](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-mai-damages-impairment-concession.md) | Letter | Yellow | Letter asking a New South Wales CTP insurer to concede that permanent impairment from a motor accident is greater than 10 per cent, and recording the section 6.14 time for a damages claim. |
| [PIPA notice of claim, dependency (Form 3, version 6)](https://ailawframework.com/precedents/personal-injury-and-compensation/form-qld-pipa-notice-dependency.md) | Form | Yellow | Link to Personal Injuries Proceedings Act Form 3, version 6, for a dependency claim. All dependency claimants are nominated in the one notice, and each part is an Oaths Act statutory declaration. |
| [NSW work injury damages: claim letter and pre-filing checklist](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-work-injury-damages-prefiling.md) | Letter | Yellow | Letter to a New South Wales workers compensation insurer claiming work injury damages, with a checklist for the section 315 pre-filing statement.… |
| [Request for an urgent hearing where the plaintiff is gravely ill](https://ailawframework.com/precedents/personal-injury-and-compensation/urgent-hearing-gravely-ill-plaintiff.md) | Letter | Yellow | A letter asking for an urgent hearing where the plaintiff is gravely ill. The New South Wales variant is addressed to the Dust Diseases Tribunal, and Victoria and Queensland ask the registry for the… |
| [UCPR Form 3A: statement of claim where the filing party is legally represented](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-ucpr-3a-statement-of-claim.md) | Form | Red | Link to UCPR Form 3A version 7, the statement of claim for a represented plaintiff, including the prospects certificate, the 28-day notice and the affidavit verifying. |
| [WorkCover Queensland application for compensation](https://ailawframework.com/precedents/personal-injury-and-compensation/form-qld-workcover-application-for-compensation.md) | Form | Yellow | Link to the WorkSafe page for making a workers' compensation claim: a valid application needs the approved form and a work capacity certificate. Section 131 states the six-month lodging rule. |
| [Letter advising an injured client of limitation and notice periods](https://ailawframework.com/precedents/personal-injury-and-compensation/limitation-and-notice-advice-letter.md) | Letter | Yellow | Letter setting out the court limitation periods and the separate scheme notice periods in Victoria, Queensland and New South Wales, with the sections to delete if they do not apply.… |
| [Letter declining to act, with a warning that time limits may be running](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-declining-to-act-time-limit-warning.md) | Letter | Yellow | Short letter saying the firm will not act, why in the terms the lawyer has approved, and which time limits may still be running on the facts given.… |
| [Notice of claim for damages (WorkCover Form 275)](https://ailawframework.com/precedents/personal-injury-and-compensation/form-qld-wc-notice-of-claim-damages.md) | Form | Yellow | Link to Form 275, version 3, the approved notice of claim for damages under section 275. Statements in the claimant's personal knowledge must be verified by statutory declaration. |

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.*