---
title: "Decide which damages limits apply to a civil claim for an assault"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/decide-which-damages-limits-apply-to-a-civil-claim-for-an-assault"
type: "task"
site: "AI Law Framework"
id: "A21-VC20261023-1"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Decide which damages limits apply to a civil claim for an assault

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/decide-which-damages-limits-apply-to-a-civil-claim-for-an-assault  
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 | 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. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to the linked source and check for material the output has missed.

- What the AI does: 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 does: The lawyer decides whether the act was done with intent, or is a sexual assault. A section that switches off one costs rule does not switch 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Use only the intent finding the lawyer has marked. Do not infer intent from the charge name.
2. 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.
3. In Queensland, do not treat s 52 as a ban on aggravated damages if the lawyer has marked an intentional or sexual act.
4. In New South Wales, list the provisions s 3B(1)(a) keeps in force, and do not say the whole Act has gone.

## Notes

- 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.

## Sources

- [Wrongs Act 1958 (Vic) s 28C](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28c.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 28LC](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28lc.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) s 6](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s6.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) s 40](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s40.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) s 56](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s56.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) s 52](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s52.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) s 3B](https://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s3b.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/decide-which-damages-limits-apply-to-a-civil-claim-for-an-assault/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/decide-which-damages-limits-apply-to-a-civil-claim-for-an-assault/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/decide-which-damages-limits-apply-to-a-civil-claim-for-an-assault/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*