Check section 5L against a dangerous recreational activity
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the activity, the risk the other side names, and whether the client knew of it, each tied to a document. Do not decide whether the defence succeeds.
- What the lawyer must review
- The lawyer decides whether section 5L is engaged, and writes the advice.
- The obvious-risk definition is in Division 4. It was not opened. Do not invent it.
- Keep health and wage records in a firm-controlled tool, not a public one.
- ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth).
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. A claim in which section 5L is raised.
Produce. A comparison of the activity and the risk with sections 5K and 5L. The lawyer writes the conclusion.
Have ready. Documents describing the activity and the place; The risk the other side names; Any document on awareness of the risk.
Example of the limit. Illustrative example: The activity was at a park and the defence calls the risk significant. The list records the place and the risk from the documents. It does not decide section 5L.
Stop and hand it back when
- The Division 4 definition of obvious risk is required and has not been read.
- The tool is asked to decide the defence.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. List the activity, the risk the other side names, and whether the client knew of it, each tied to a document. Do not decide whether the defence succeeds. 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
- Record whether the activity is a recreational activity that involves a significant risk of physical harm.
- Use the section 5K list: any sport, any pursuit for enjoyment, relaxation or leisure, and any pursuit at a place such as a beach, park or other public open space where people ordinarily engage in sport or leisure.
- Record whether the harm is said to result from the materialisation of an obvious risk of that activity.
- Note section 5L(2): the section applies whether or not the plaintiff was aware of the risk.
Sources
- Civil Liability Act 2002 (NSW) section 5K · 2026-10-23
- Civil Liability Act 2002 (NSW) section 5L · 2026-10-23
- Supreme Court of NSW Practice Note SC Gen 23 · 2026-10-23
Section 5K says obvious risk has the same meaning as in Division 4. That definition was not opened. Do not substitute another Act's definition.
If this is filed in the Supreme Court of New South Wales, Practice Note SC Gen 23, issued on 28 January 2025 and commenced on 3 February 2025, bars generative AI from the content of an affidavit or witness statement, and from an expert report without prior leave, subject to paragraph 23.