Set out the NSW personal-injury limitation period while a prosecution continues
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the incident date, the discoverability date the lawyer has already nominated, and the charge dates, set out the periods in sections 50A and 50C. Do not choose the discoverability date, do not treat the prosecution as stopping time, and do not write advice on whether to sue.
- What the lawyer must review
- Decide whether the Division applies and what the discoverability date is
- Do not treat a pending prosecution as stopping time. The opened sections do not say that.
- Write any advice on whether to issue. Nothing generated is that advice
- Use a firm-controlled tool for health records. ASCR r 9, APP 11 and the Privacy Act 1988 (Cth) apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Limitation Act 1969 (NSW), personal injury
Produce. A date table under sections 50A and 50C. The lawyer writes the advice.
Have ready. Incident date; Discoverability date the lawyer has nominated; Charge dates; Sections 50A and 50C.
Example of the limit. Illustrative example: The incident was four years ago and a prosecution is still listed. The table shows the 3-year period and the 12-year period from the dates the lawyer supplied. It does not say the prosecution stops time, and it leaves the advice blank.
Stop and hand it back when
- No discoverability date has been nominated.
- The claim is a motor accident claim excluded by s 50A(3).
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Section 50A applies the Division to damages for death or personal injury, whether in tort, contract, statute or otherwise, only where the act or omission occurred on or after the Division commenced, as inserted by the Civil Liability Amendment (Personal Responsibility) Act 2002. The commencement date was not opened. Do not invent it.
- Section 50A does not apply to a claim under the Motor Accidents Compensation Act 1999 or the Motor Accident Injuries Act 2017.
- Section 50C says the action is not maintainable after the earlier of 3 years running from and including the date the cause of action is discoverable by the plaintiff, and 12 years running from the act or omission. The note says the 12-year period can be extended under Division 4 of Part 3. Section 50D was not opened. Do not paraphrase discoverable.
- Put the charge dates on the table. The opened sections do not say a prosecution stops time.
Sources
- Limitation Act 1969 (NSW) s 50C · 2026-10-23
- Limitation Act 1969 (NSW) s 50A · 2026-10-23
The lawyer nominates the discoverability date. The table does not choose it.
Nothing generated is filed, and nothing generated is the advice on whether to sue.
Medical records used to date the injury stay in a firm-controlled tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable under the Privacy Act 1988 (Cth).