Check whether a New South Wales pre-filing statement has stopped time
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, set out the three-year period SIRA and section 151D state, the date the pre-filing statement was served, and whether a strike-out application is on foot. Do not decide that the claim is statute-barred.
- What the lawyer must review
- Decide whether service of the pre-filing statement has stopped time.
- Record a section 151DA application to strike the pre-filing statement out.
- Do not add a six-month wait the opened pages do not state.
- Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply.
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: section 151D and the effect of serving a pre-filing statement
Produce. A note of whether the New South Wales pre-filing statement has stopped time, and whether a strike-out application is on foot.
Have ready. Injury date; Date the pre-filing statement was served; Any section 151DA application.
Example of the limit. Illustrative example: The injury was more than three years ago and a pre-filing statement was served before that anniversary. The tool records that time does not run while the statement remains current. The lawyer checks there is no strike-out application.
Stop and hand it back when
- The service date cannot be proved.
- The tool has added a six-month waiting period.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record the injury date and the three-year period SIRA states, including that the court may approve a later start.
- Once the pre-filing statement is served, record that it remains current and that time does not run for section 151D.
- Record any application to strike the statement out under section 151DA.
- Do not add a waiting period that was not on the SIRA pages.
Sources
- SIRA: Work injury damages · 2026-10-23
- Personal Injury Commission: Procedural Direction WC4 · 2026-10-23
- Supreme Court of New South Wales: Practice Note SC Gen 23 · 2026-10-23
SIRA says court proceedings for work injury damages begin within 3 years of the injury date unless the court approves otherwise. Procedural Direction WC4 says section 151D provides that three-year limit, and that once a pre-filing statement has been served it remains current and time does not run for the purposes of section 151D. A defendant may apply to have the pre-filing statement struck out under section 151DA. A six-month waiting period was not stated on the SIRA pages opened and is not added.
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).