Check whether damages limits apply to an intentional abuse claim
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the causes the lawyer has named, set out for each defendant whether the lawyer has described the claim as the abuser's own act or as the institution's failure to prevent it, and place beside each row the excluding section the lawyer has named. Do not apply a cap, a scale or a threshold, and do not calculate damages.
- What the lawyer must review
- Decide whether the exclusion attaches to this defendant. The abuser and the institution can differ.
- Quote the section. Do not assume an institutional negligence claim is outside every cap.
- Keep exemplary damages separate from the non-economic loss threshold.
- Keep the file in the firm's system. Confidentiality, APP 11 and a notifiable-breach check apply.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | From the causes the lawyer has named, set out for each defendant whether the lawyer has described the claim as the abuser's own act or as the institution's failure to prevent it, and place beside each row the excluding section the lawyer has named. Do not apply a cap, a scale or a threshold, and do not calculate damages. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Put the abuser and the institution on separate rows. Do not copy one defendant's exclusion onto the other.
- In Queensland, do not say the whole Civil Liability Act is excluded. Section 5 does not say that. Section 52 is the exemplary-damages rule that was opened.
- In New South Wales, keep Part 1B inside the claim even where s 3B(1)(a) otherwise excludes the Act.
- Do not calculate a figure. No cap, scale or threshold number is stated in this task.
Sources
- Wrongs Act 1958 (Vic) s 28LC, application of the non-economic loss Part · 2026-10-23
- Civil Liability Act 2003 (Qld) s 5, civil liability excluded from the Act · 2026-10-23
- Civil Liability Act 2003 (Qld) s 52, exemplary, punitive or aggravated damages · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) s 6, application of the Act · 2026-10-23
- Civil Liability Act 2002 (NSW) s 3B, civil liability excluded from the Act · 2026-10-23
- Office of the Australian Information Commissioner, APP 11, security of personal information · 2026-10-23
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
Before any output is used in a court document, read the forum's generative AI rule: Victoria, Supreme Court Practice Note SC Gen 25; New South Wales, Practice Note SC Gen 23; Queensland, the courts' generative AI page and Supreme Court Practice Direction 5 of 2025.