--- title: "Index the documents for a New South Wales pre-filing statement" url: "https://ailawframework.com/practice/personal-injury-and-compensation/list-the-exhibits-for-an-affidavit-in-a-work-damages-application/new-south-wales" type: "task_jurisdiction_version" site: "AI Law Framework" id: "A21-WD20261023-12-NSW" practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)" tier: "red" lawyer_review: "required" jurisdictions: ["NSW"] last_reviewed: "2026-10-25" --- # Index the documents for a New South Wales pre-filing statement > 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. Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/list-the-exhibits-for-an-affidavit-in-a-work-damages-application/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 | Red: Lawyer writes; AI may check, clarify or collect data | | 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. | | Written for | New South Wales | | Applies to | [List the exhibits for an affidavit in a work damages application](https://ailawframework.com/practice/personal-injury-and-compensation/list-the-exhibits-for-an-affidavit-in-a-work-damages-application.md) | ## Checking plan **Verify against sources** Include only documents the lawyer has selected. - What the AI does: 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 does: The lawyer selects the documents and writes any evidence. The tool indexes titles only. - 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. Include only documents the lawyer has selected. 2. 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. 3. Record whether a medical assessment certificate, or the insurer's acceptance of the threshold, is in the set. 4. Do not write the worker's evidence. The pages opened do not require a separate affidavit. Do not invent one. ## Notes - 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). ## Practical guide Jurisdiction: New South Wales: the indexed documents attached to a pre-filing statement **Deliverable**: An index of titles and dates for the documents the lawyer has selected for the pre-filing statement. **Inputs** - Documents the lawyer has selected - Medical assessment certificate or insurer's acceptance - Intended statement of claim, as a title only **Example**: 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 escalate when** - The lawyer has not selected the documents. - The tool has written a sentence of the worker's evidence. Checked 2026-10-23. ## Sources - [SIRA workers compensation claims guide: Work injury damages](https://www.sira.nsw.gov.au/workers-compensation-claims-guide/understanding-the-claims-journey/work-injury-damages-and-recoveries/work-injury-damages) (checked 2026-10-23) - [Personal Injury Commission: Procedural Direction WC4](https://www.pi.nsw.gov.au/resources/procedural-directions/procedural-direction-wc4-work-injury-damages) (checked 2026-10-23) - [Workers Compensation Act 1987 (NSW) s 151H](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/s151h.html) (checked 2026-10-23) - [Supreme Court of New South Wales: Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/practice-procedure/generative-artificial-intelligence.html) (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.*