Map a New South Wales death claim picked up by the safety-defect statute
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the person who died or was injured, and each person said to have suffered loss, including any business or professional relationship. Do not name a compensation-to-relatives section and do not write the advice.
- What the lawyer must review
- Write the advice. Sections 138(3) and 145 pick up a State death-liability law and a State survival law.
- Do not name the New South Wales death or survival section until you have opened it.
- Section 139 excludes loss that comes from a business or professional relationship.
- Section 50C(2) starts the survivor-action discoverability rule. Do not state the rest of that test.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A New South Wales death or dependency claim brought with a safety-defect allegation
Produce. The lawyer's map of who may claim, without an unopened section number.
Have ready. Death facts on the file; Each claimant's relationship; Documents selected by the lawyer.
Example of the limit. Illustrative example: A relative claims loss of support. The lawyer maps s 138(3) and s 139, and does not cite a compensation-to-relatives section that was not opened. Section 50C is diarised separately.
Stop and hand it back when
- An unopened section is named.
- The tool writes the advice or an affidavit.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. List the person who died or was injured, and each person said to have suffered loss, including any business or professional relationship. Do not name a compensation-to-relatives section and do not write the advice. 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
- Keep s 138(3) separate from s 139.
- Do not name the compensation-to-relatives Act. It was not opened.
- Read s 87G(6) in full before fixing a personal representative's date.
- Generative AI must not generate any affidavit.
Sources
- Australian Consumer Law, ss 138, 139 and 145 · 2026-10-23
- Limitation Act 1969 (NSW), s 50C · 2026-10-23
Practice Note SC GEN 23 and District Court General Practice Note 2 prohibit generative AI from generating affidavit content, and require leave before it drafts an expert report. Draw the note to the expert.
New South Wales survival and compensation-to-relatives provisions were not opened.