---
title: "Check the New South Wales conditions before work injury damages proceedings"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-the-conditions-before-a-work-injury-damages-proceeding-is-started/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WD20261023-8-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Check the New South Wales conditions before work injury damages proceedings

> In the firm-controlled tool, mark each pre-filing and mediation condition the file proves, and list each condition still open. Do not prepare the statement of claim.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-the-conditions-before-a-work-injury-damages-proceeding-is-started/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 | Yellow: Lawyer and AI draft together |
| How AI is used | In the firm-controlled tool, mark each pre-filing and mediation condition the file proves, and list each condition still open. Do not prepare the statement of claim. |
| What the lawyer must review | Decide whether every condition to start proceedings is met. Tick only a condition the file proves. Do not draft the statement of claim that the pre-filing statement attaches. Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply. |
| Written for | New South Wales |
| Applies to | [Check the conditions before a work injury damages proceeding is started](https://ailawframework.com/practice/personal-injury-and-compensation/check-the-conditions-before-a-work-injury-damages-proceeding-is-started.md) |

## Checking plan

**Verify against sources**

Require one of the three SIRA gateways before a pre-filing statement is treated as available.

- What the AI does: In the firm-controlled tool, mark each pre-filing and mediation condition the file proves, and list each condition still open. Do not prepare the statement of claim.
- What the lawyer does: The lawyer decides whether the New South Wales conditions for starting proceedings are met.
- 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. Require one of the three SIRA gateways before a pre-filing statement is treated as available.
2. Record the impairment figure the pre-filing statement uses, and the different figure in section 151H.
3. Require mediation unless the 42-day exception or the wholly-disputes exception applies.
4. Read the court's generative AI note before any document is filed.

## Notes

- SIRA says a pre-filing statement is served before mediation or court proceedings, and only where the insurer wholly disputes liability, or has made an offer and one month has passed, or has not determined the claim on time. The statement includes the claim particulars, the evidence, a copy of the intended statement of claim, and a medical assessment certificate or the insurer's acceptance that impairment is at least 15 per cent. Procedural Direction WC4 makes Commission mediation mandatory before proceedings unless the defendant failed to respond within 42 days or wholly disputes liability and declines to mediate. The SIRA pages state the 15 per cent figure. Section 151H states 15 per cent for a physical injury and 25 per cent for a psychological injury. The statement of claim is not drafted in this checklist.
- Work injury damages trials are commonly heard in the District Court. Check that court's generative AI note before filing. It was not opened for this version. Supreme Court Practice Note SC Gen 23 was amended on 28 January 2025, with the stated amendments in effect from 3 February 2025. For a Commission mediation, check the Commission's current generative AI direction.
- Keep health and wage records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: New South Wales: the pre-filing statement and Commission mediation before work injury damages proceedings

**Deliverable**: A checklist of the New South Wales conditions still open before proceedings are started.

**Inputs**

- Insurer's determination or offer
- Pre-filing statement
- Mediation certificate or exception

**Example**: Illustrative example: The insurer made an offer 10 days ago. The tool leaves the one-month condition open and does not draft the statement of claim. The lawyer does not serve a pre-filing statement yet.

**Stop and escalate when**

- None of the three pre-filing conditions is proved.
- The tool has drafted the statement of claim.

Checked 2026-10-23.

## Sources

- [SIRA workers compensation claims guide: Work injury damages](https://www.sira.nsw.gov.au/workers-compensation-claims-guide/understanding-the-claims-journey/work-injury-damages-and-recoveries/work-injury-damages) (checked 2026-10-23)
- [Personal Injury Commission: Procedural Direction WC4](https://www.pi.nsw.gov.au/resources/procedural-directions/procedural-direction-wc4-work-injury-damages) (checked 2026-10-23)
- [Workers Compensation Act 1987 (NSW) s 151H](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/s151h.html) (checked 2026-10-23)
- [Supreme Court of New South Wales: Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/practice-procedure/generative-artificial-intelligence.html) (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.*