Index material for a Tribunal examination and for non-economic loss after death
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Index the reports and record whether proceedings commenced by the person are pending in the Tribunal. Write nothing that is filed.
- What the lawyer must review
- The lawyer decides whether to seek an examination and writes the application.
- Allow non-economic loss after death only where proceedings were pending at death.
- Do not describe section 12D. It was not opened.
- Keep the reports in the firm tool under ASCR r 9, APP 11 and the Privacy Act 1988 (Cth).
- Written for / version
- New South Wales versionNSWVIC
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Dust Diseases Tribunal, sections 24 and 12B
Produce. An index, and the lawyer's decision on an examination and on non-economic loss if death occurs while the claim is pending.
Have ready. Medical reports; Whether the person's proceeding is pending; The cause of any feared death.
Example of the limit. Illustrative example: Proceedings are pending and the plaintiff is expected to die before the hearing. The tool records that the proceeding is pending and indexes the reports. The lawyer decides whether to apply under section 24, and whether section 12B would preserve non-economic loss. The tool writes no application.
Stop and hand it back when
- The output says non-economic loss survives when no proceeding is pending.
- Section 12D is described.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Index the reports and record whether proceedings commenced by the person are pending in the Tribunal. Write nothing that is filed. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Section 24: the Tribunal may authorise an examination if the witness is absent from New South Wales, or is expected to die, or is expected to be unable from sickness or infirmity to attend.
- Section 12B: the estate may recover damages for pain or suffering, bodily or mental harm, or curtailment of expectation of life, where death was caused by a dust-related condition and proceedings commenced by the person were pending before the Tribunal at the death.
- Section 2(2)(d) of the Law Reform (Miscellaneous Provisions) Act 1944 does not apply in that case.
- Section 12D was not opened. A dependency claim is outside this task.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Outline notice of motion to take a gravely ill plaintiff's evidence early | Court document | AI use Red | An outline notice of motion in the Dust Diseases Tribunal to remove an asbestos claim from the usual claims process and to take the plaintiff's evidence under section 24. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Dust Diseases Tribunal Act 1989 (NSW) s 24 · 2026-10-23
- Dust Diseases Tribunal Act 1989 (NSW) s 12B · 2026-10-23
The Dust Diseases Tribunal practice-notes index opened on 23 October 2026 has no generative AI note. Do not treat a Supreme Court note as the Tribunal rule. Do not enter confidential information into a public tool.
Do not copy section 12B into another state.