Index the documents for a New South Wales pre-filing statement
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- In the firm-controlled tool, list the title, date and source of each document the lawyer has selected for the pre-filing statement, in an index. Do not write the worker's evidence or the statement of claim.
- What the lawyer must review
- The lawyer selects the documents. The tool indexes titles only.
- Index each document. A bundle list is not enough.
- Do not draft the statement of claim that must be attached.
- Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply.
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: the indexed documents attached to a pre-filing statement
Produce. An index of titles and dates for the documents the lawyer has selected for the pre-filing statement.
Have ready. Documents the lawyer has selected; Medical assessment certificate or insurer's acceptance; Intended statement of claim, as a title only.
Example of the limit. Illustrative example: The lawyer has selected four reports and the impairment certificate. The tool indexes each title and date. It does not summarise the reports or draft the statement of claim.
Stop and hand it back when
- The lawyer has not selected the documents.
- The tool has written a sentence of the worker's evidence.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. In the firm-controlled tool, list the title, date and source of each document the lawyer has selected for the pre-filing statement, in an index. Do not write the worker's evidence or the statement of claim. 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
- Include only documents the lawyer has selected.
- List each document the lawyer has selected. Do not apply WC4 paragraph 25 to the worker's pre-filing statement. That paragraph requires each document attached to an application to strike out a pre-filing statement to be paginated and indexed, and says listing the statement and the defence as a group is not enough.
- Record whether a medical assessment certificate, or the insurer's acceptance of the threshold, is in the set.
- Do not write the worker's evidence. The pages opened do not require a separate affidavit. Do not invent one.
Sources
- SIRA workers compensation claims guide: Work injury damages · 2026-10-23
- Personal Injury Commission: Procedural Direction WC4 · 2026-10-23
- Workers Compensation Act 1987 (NSW) s 151H · 2026-10-23
- Supreme Court of New South Wales: Practice Note SC Gen 23 · 2026-10-23
The SIRA guide says the pre-filing statement sets out the particulars and the evidence the worker will rely on, and attaches the information and documents the Acts and the Commission rules require, including a medical assessment certificate or the insurer's acceptance of the impairment threshold. The guide states that threshold as at least 15 per cent. Section 151H, opened separately, states 15 per cent for a physical injury and 25 per cent for a psychological injury. Procedural Direction WC4 paragraph 25 requires each document attached to an application to strike out a pre-filing statement to be paginated and indexed. Listing the pre-filing statement and the defence as the attached documents is not enough. That paragraph is not in the defective-pre-filing-statement section, and it is not a rule for the worker's pre-filing statement. No separate affidavit requirement appears on the pages opened. The tool lists documents the lawyer has selected and does not write the worker's evidence.
Work injury damages trials are commonly heard in the District Court. Check that court's generative AI note before filing. It was not opened for this version. Supreme Court Practice Note SC Gen 23 was amended on 28 January 2025, with the stated amendments in effect from 3 February 2025. For a Commission mediation, check the Commission's current generative AI direction.
Keep health and wage records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).