Draft a New South Wales letter of demand or injury particulars from the schedule
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the approved chronology and schedule, draft a letter setting out the injury, the heads of loss and the documents held. Do not choose the amount, and do not treat the letter as a scheme claim form.
- What the lawyer must review
- Decide the amount and the heads yourself. A letter is not a scheme claim form
- For a motor accident, notice is the approved form under section 6.15 of the 2017 Act
- For workers compensation, use the worker's injury claim form and check section 261
- Check section 3B before claiming a head the Civil Liability Act does not cover
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: CTP insurer, workers compensation insurer, or a public liability defendant
Produce. A letter the lawyer settles, or a note that a scheme form must be used instead.
Have ready. Approved chronology and schedule of loss; The scheme, if any, and the accident or injury date; Current claim form, if a scheme applies.
Example of the limit. Illustrative example: The schedule includes a public liability claim and a motor accident. The letter is limited to the public liability heads the lawyer selects. The motor accident is left for the approved claim form.
Stop and hand it back when
- The claim needs an approved scheme form and only a letter has been prepared.
- A head is included without the lawyer checking whether section 3B takes it outside the Civil Liability Act.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the approved chronology and schedule, draft a letter setting out the injury, the heads of loss and the documents held. Do not choose the amount, and do not treat the letter as a scheme claim form. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- A CTP statutory benefits claim is made on the approved form. Section 6.13 requires the claim within 3 months of the accident. Weekly payments from the day after the accident need a claim within 28 days.
- SIRA says a damages notice is the signed Application for Damages under Common Law together with the personal injury benefits information.
- A workers compensation claim for compensation is made within 6 months under section 261 of the 1998 Act, subject to the excuses in that section.
- Before a public liability letter claims a head, check section 3B. Work injury damages and statutory workers compensation are outside the Civil Liability Act, apart from the Part 1B exception for work injury damages. A motor accident award is outside the Act except the provisions section 3B(2) lists.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Letter to an occupier and its insurer: notice of an injury and a liability response | Letter | AI use Yellow | A plaintiff firm's letter telling an occupier and its public liability insurer about an injury, asking for the insurer's details and a liability response, and asking that footage and incident documents be kept. |
| Schedule of damages for a personal injury claim | Court document | AI use Yellow | Heads of damage for a plaintiff claim, with the Victorian, Queensland and New South Wales limits, in a form that can be adapted to a Queensland statement of loss and damage. |
| Letter of claim to a public health service, including an initial notice | Letter | AI use Yellow | Letter of claim to a public health service. |
| Dependency calculation after a wrongful death | Court document | AI use Yellow | A calculation of each dependant's loss of financial support after a wrongful death, with the classes of claimant in Victoria, Queensland and New South Wales, and the funeral head where the statute provides for it. |
| Letter to an institution about a claim for abuse of a child | Letter | AI use Yellow | Letter telling an institution that a person intends to claim for abuse suffered as a child, covering the limitation position and the proper-defendant rules in Victoria, Queensland and New South Wales. |
| Response to an insurer's denial of liability | Letter | AI use Yellow | A letter identifying an insurer's denial, stating the facts the client disputes, asking for reconsideration, and listing documents still missing. |
| Response to a request for particulars in a personal injury proceeding | Letter | AI use Yellow | A letter answering a request for particulars of a personal injury pleading, with the Victorian bodily-injury items and the different filing rules in Queensland and New South Wales. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Civil Liability Act 2002 (NSW) section 3B · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW) section 6.13 · 2026-10-23
- SIRA: Notice of a statutory benefits claim and damages claims · 2026-10-23
- Workplace Injury Management and Workers Compensation Act 1998 (NSW) section 261 · 2026-10-23
If the text will be filed as a pleading, the lawyer writes it. Practice Note SC Gen 23 applies in the Supreme Court, and the Local Court practice note adopts it.
Health and wage figures in the letter stay in a firm-controlled tool. Australian Solicitors' Conduct Rules rule 9 and Australian Privacy Principle 11 apply, and a breach may be notifiable under the Privacy Act 1988 (Cth).