List the New South Wales statutory causes the lawyer has already named
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Against the facts the lawyer has accepted, list only the causes the lawyer has named. Keep the s 6F duty and the s 6H vicarious-liability section on separate rows. Do not write a pleading.
- What the lawyer must review
- The lawyer chooses the causes and writes any pleading.
- For s 6F, child abuse is sexual or physical abuse, excluding an act lawful at the time.
- Section 6H is in addition to the common law and does not affect it.
- Keep the file in the firm's system. 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 court in which the pleading is filed.
Produce. An issues list of the causes the lawyer has named, each tied to a fact already on the file.
Have ready. The causes the lawyer has named; Whether the person was an employee, akin to an employee, or an authorised carer; The facts the lawyer has accepted.
Example of the limit. Illustrative example: The lawyer has named s 6F and the file describes only connected psychological abuse. The tool records that the s 6F definition, as opened, is sexual or physical abuse. The lawyer decides whether the count can be pleaded.
Stop and hand it back when
- The tool is asked to add a cause.
- The tool is asked to write a paragraph of a statement of claim.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Against the facts the lawyer has accepted, list only the causes the lawyer has named. Keep the s 6F duty and the s 6H vicarious-liability section on separate rows. Do not write a pleading. 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 6F(2) imposes a duty to take reasonable precautions to prevent an associated individual perpetrating child abuse of the child in connection with the organisation's responsibility for the child. Section 6F(3) presumes breach only if the plaintiff establishes that an associated individual perpetrated the abuse in that connection, unless the organisation establishes that it took reasonable precautions.
- For s 6F, child abuse means sexual abuse or physical abuse, and does not include an act that was lawful at the time. Connected psychological abuse is outside that definition.
- Section 6H makes an organisation vicariously liable for child abuse by an employee, including a person akin to an employee under s 6G, where the role supplied the occasion and the employee took advantage of it. The section is in addition to the common law and does not affect it.
- An individual is not akin to an employee merely because of activities of an authorised carer in the sense s 6G defines, or because the person carries on a recognisably independent business. Bird v DP still confines the common law to employment.
Sources
- Civil Liability Act 2002 (NSW) s 6F · 2026-10-23
- Civil Liability Act 2002 (NSW) s 6G · 2026-10-23
- Civil Liability Act 2002 (NSW) s 6H · 2026-10-23
- High Court judgment summary, Bird v DP [2024] HCA 41 · 2026-10-23
Do not copy the s 6A definition into a s 6F pleading. The two definitions were both opened and they differ.
If this is used in a Supreme Court document, read Practice Note SC Gen 23. The Court's page records amendments that came into effect on 3 February 2025. The note itself was not opened, so no clause is quoted.
Records on this file 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).