Diary both time limits on a safety-defect injury claim
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the dates the lawyer marks on the file, list the date of supply by the manufacturer, the date the loss, the safety defect and the manufacturer's identity were each known or ought to have been known, and the date of discoverability facts under s 87G. Do not calculate an expiry or choose which clock wins.
- What the lawyer must review
- Diary both clocks. Section 143 and s 87F ask different questions and neither replaces the other.
- Check s 143 for loss, defect and manufacturer identity, plus 10 years from supply. No disability extension is stated.
- Section 87F bars an award after 3 years from discoverability or after the long-stop. Read ss 87G and 87H.
- Keep health and wage records in a firm-controlled tool.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | From the dates the lawyer marks on the file, list the date of supply by the manufacturer, the date the loss, the safety defect and the manufacturer's identity were each known or ought to have been known, and the date of discoverability facts under s 87G. Do not calculate an expiry or choose which clock wins. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record s 143(1) only when all three facts are known or ought reasonably to have been known: the loss, the safety defect, and the manufacturer's identity.
- Record the s 143(2) long-stop as 10 years from supply by the manufacturer, and do not extend it for minority.
- Record s 87G discoverability as injury or death, attribution to a contravention, and, for injury, significance enough to justify an action. Do not copy the s 143 facts into s 87G.
- Record the s 87H long-stop as 12 years from the act or omission, extendable by the court by no more than 3 years past discoverability. Section 87F(1)(b) does not apply to death or injury from smoking or other use of tobacco products.
Sources
- Australian Consumer Law (Schedule 2), s 143 · 2026-10-23
- Competition and Consumer Act 2010 (Cth), s 87F · 2026-10-23
- Competition and Consumer Act 2010 (Cth), s 87G · 2026-10-23
- Competition and Consumer Act 2010 (Cth), s 87H · 2026-10-23
- Competition and Consumer Act 2010 (Cth), s 87E · 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.