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
Written for / version
New South Wales versionNSWQLDVICUS

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

Who does what
RoleWhat they do
AssistanceFrom 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.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. 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.
  2. SIRA says a damages notice is the signed Application for Damages under Common Law together with the personal injury benefits information.
  3. 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.
  4. 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

Forms and precedents for this task
Form or precedentKindAI useSummary
Letter to an occupier and its insurer: notice of an injury and a liability responseLetterAI use YellowA 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 claimCourt documentAI use YellowHeads 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 noticeLetterAI use YellowLetter of claim to a public health service.
Dependency calculation after a wrongful deathCourt documentAI use YellowA 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 childLetterAI use YellowLetter 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 liabilityLetterAI use YellowA 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 proceedingLetterAI use YellowA 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

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).

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