Decide which damages limits apply to a civil claim for an assault
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the facts the lawyer marks as an intended assault, a sexual assault, or neither, set out each section the lawyer names and the words in which that section says it applies or does not apply. Do not decide intent and do not write the pleading.
- What the lawyer must review
- The lawyer decides whether the act was done with intent, or is a sexual assault.
- Do not treat a section that switches off one costs rule as switching off the whole pre-court Act.
- Do not plead aggravated or exemplary damages unless the section opened allows them.
- The lawyer writes the pleading. Nothing generated goes into it.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
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
- Use only the intent finding the lawyer has marked. Do not infer intent from the charge name.
- In Queensland, record that s 6(4) switches off s 40(2) and s 56 only, and that the rest of the pre-court Act still needs the lawyer's check.
- In Queensland, do not treat s 52 as a ban on aggravated damages if the lawyer has marked an intentional or sexual act.
- In New South Wales, list the provisions s 3B(1)(a) keeps in force, and do not say the whole Act has gone.
Sources
- Wrongs Act 1958 (Vic) s 28C · 2026-10-23
- Wrongs Act 1958 (Vic) s 28LC · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) s 6 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) s 40 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) s 56 · 2026-10-23
- Civil Liability Act 2003 (Qld) s 52 · 2026-10-23
- Civil Liability Act 2002 (NSW) s 3B · 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.