---
title: "Mark the New South Wales estate heads excluded where the wrong caused the death"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/list-the-damages-the-estate-cannot-recover-where-the-wrong-caused-the-de/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-FM20261023-3-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Mark the New South Wales estate heads excluded where the wrong caused the death

> In a firm-controlled tool, tag each estate head against section 2(2) of the Law Reform (Miscellaneous Provisions) Act 1944. Leave section 12B of the Dust Diseases Tribunal Act 1989 unmarked, because it was not opened.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/list-the-damages-the-estate-cannot-recover-where-the-wrong-caused-the-de/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | In a firm-controlled tool, tag each estate head against section 2(2) of the Law Reform (Miscellaneous Provisions) Act 1944. Leave section 12B of the Dust Diseases Tribunal Act 1989 unmarked, because it was not opened. |
| What the lawyer must review | You decide which exclusions apply. Funeral expenses can be included. Pain, future earnings and exemplary damages stay out on the opened text. Open section 12B before advising on a dust exception. It was not opened. |
| Written for | New South Wales |
| Applies to | [List the damages the estate cannot recover where the wrong caused the death](https://ailawframework.com/practice/personal-injury-and-compensation/list-the-damages-the-estate-cannot-recover-where-the-wrong-caused-the-de.md) |

## Checking plan

**New South Wales estate exclusions**

The tool tags each estate head against section 2(2). The lawyer opens section 12B before relying on a dust exception.

- What the AI does: In a firm-controlled tool, tag each estate head against section 2(2) of the Law Reform (Miscellaneous Provisions) Act 1944. Leave section 12B of the Dust Diseases Tribunal Act 1989 unmarked, because it was not opened.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Exclude exemplary damages, loss of earning capacity and future earnings after death, and pain, bodily or mental harm, and curtailment of life.
2. Keep the funeral-expenses exception in its own row.
3. Write that section 2(7) is subject to section 12B, and that section 12B was not opened.
4. Do not describe what section 12B does.

## Notes

- Where the act or omission caused the death, section 2(2) of the Law Reform (Miscellaneous Provisions) Act 1944 says the estate's damages shall not include exemplary damages, shall not include damages for loss of capacity to earn or future probable earnings after death, shall be calculated without reference to loss or gain to the estate consequent on the death except that a sum for funeral expenses may be included, and shall not include damages for pain or suffering, bodily or mental harm, or curtailment of expectation of life. Section 2(7) says the section has effect subject to section 12B of the Dust Diseases Tribunal Act 1989. That section was not opened.
- Family, wage and medical records stay in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: New South Wales: estate damages under Law Reform (Miscellaneous Provisions) Act 1944 s 2

**Deliverable**: A marked schedule of estate heads, with the unopened dust section flagged.

**Inputs**

- Draft estate schedule
- Cause of death
- The opened section 2

**Example**: Illustrative example: The schedule claims future earnings of the estate after death. The tool tags that head as excluded by section 2(2). The lawyer does not restore it by guessing the effect of section 12B.

**Stop and escalate when**

- Advice on a dust exception is requested before section 12B is opened.
- An excluded head is given a value.

Checked 2026-10-23.

## Sources

- [Law Reform (Miscellaneous Provisions) Act 1944 (NSW), whole Act](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1944-028) (checked 2026-10-23)
- [Law Reform (Miscellaneous Provisions) Act 1944 (NSW), current version](https://legislation.nsw.gov.au/view/html/inforce/current/act-1944-028) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*