Prove who controlled the place, then test precautions under section 5B
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the incident report, photographs and any lease or title the lawyer marks, list each person or body who occupied or controlled the place, with the document that shows it. Do not choose the defendant.
- What the lawyer must review
- The lawyer decides who controlled the place. Section 5B does not decide that fact.
- Section 5B uses "ought to have known". Do not add "reasonably" from another Act.
- Keep health and wage records in a firm-controlled tool, not a public one.
- ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth).
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. A premises fall tested as negligence under section 5B.
Produce. A source-tagged list of who occupied or controlled the place, beside the section 5B questions.
Have ready. Incident report and photographs; Lease, title or control document the lawyer marks.
Example of the limit. Illustrative example: The title search names one owner and the cleaning log names a contractor. The list keeps both. The lawyer decides whose duty section 5B is being used to test.
Stop and hand it back when
- No document shows control.
- The question is road or footpath non-feasance, which is a different task.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the incident report, photographs and any lease or title the lawyer marks, list each person or body who occupied or controlled the place, with the document that shows it. Do not choose the defendant. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- List who the marked documents show as occupying or controlling the place.
- Test foreseeability as section 5B(1)(a) states it: a risk the person knew or ought to have known.
- Record whether the risk was not insignificant, and whether a reasonable person in that position would have taken the precautions.
- Note probability, likely seriousness, burden and social utility only where a document supports them.
Sources
- Civil Liability Act 2002 (NSW) section 5B · 2026-10-23
- Supreme Court of NSW Practice Note SC Gen 23 · 2026-10-23
Section 5B(1)(a) does not use the words "ought reasonably to have known". Do not copy that phrase onto this file.
If this is filed in the Supreme Court of New South Wales, Practice Note SC Gen 23, issued on 28 January 2025 and commenced on 3 February 2025, bars generative AI from the content of an affidavit or witness statement, and from an expert report without prior leave, subject to paragraph 23.