Prepare a New South Wales damages or statutory-benefits working schedule
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Build a working schedule with a row for each head the lawyer names, and leave every figure blank until the lawyer supplies it. Do not apply Part 2 of the Civil Liability Act 2002 to a claim the lawyer has marked as outside that Part.
- What the lawyer must review
- Choose the governing statute before any figure is used
- Part 2 does not apply to Motor Accident Injuries Act damages or to work injury damages
- Where Part 2 applies, sections 12, 13, 14, 15 and 16 govern the heads they cover
- Do not serve this working schedule as the claim or as a notice under section 6.12
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 plaintiff damages or statutory-benefits file
Produce. A working schedule with blank figures, not a notice or a claim.
Have ready. The lawyer's identification of the governing statute; The heads of loss the lawyer has named; Figures the lawyer has already accepted, each with a source.
Example of the limit. Illustrative example: The file is a motor accident damages claim. The schedule leaves non-economic loss blank until the lawyer has an impairment figure, and it does not apply the section 16 table. Section 4.11 is the gateway.
Stop and hand it back when
- The governing statute has not been chosen.
- A figure would be calculated rather than taken from a source the lawyer has accepted.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Build a working schedule with a row for each head the lawyer names, and leave every figure blank until the lawyer supplies it. Do not apply Part 2 of the Civil Liability Act 2002 to a claim the lawyer has marked as outside that Part. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Identify the claim before any row is filled: Civil Liability Act Part 2, a Motor Accident Injuries Act Part 4 award, statutory benefits, or work injury damages under Division 3 of Part 5 of the Workers Compensation Act 1987.
- Where Part 2 applies, section 12 disregards gross weekly earnings above 3 times average weekly total earnings, section 13 requires the assumptions and the percentage, and section 14 uses the prescribed discount rate or 5% only if none is prescribed.
- Where Part 2 applies, section 15 requires at least 6 hours a week and at least 6 consecutive months, and section 16 requires severity of at least 15% of a most extreme case. Do not state an indexed dollar maximum.
- A Motor Accident Injuries Act damages claim for non-economic loss uses section 4.11, greater than 10%, with physical and psychological impairment assessed separately under section 1.7. Work injury damages use section 151H. Section 3B takes Part 2 off both.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Schedule of damages for a personal injury claim | Court document | AI use Yellow | Heads of damage for a plaintiff claim, with the Victorian, Queensland and New South Wales limits, in a form that can be adapted to a Queensland statement of loss and damage. |
| Care schedule: gratuitous and paid care | Court document | AI use Yellow | A schedule of care given because of an injury, with the hours, duration and rate tests in Victoria, Queensland and New South Wales, and a separate section for loss of capacity to care for dependants. |
| Economic loss workings: past, future and superannuation | Other | AI use Yellow | Workings for loss of earning capacity, the three-times earnings cap, the discount rate, superannuation at the rate for each period, and tax on weekly payments that must be repaid gross. |
| Medicare compensation recovery checklist before settling a personal injury claim | Checklist | AI use Yellow | Checklist for Medicare compensation recovery when a personal injury claim settles or goes to judgment: the $5,000 threshold, the notice of past benefits (form MO026), the payer's 28-day notice, and no release of money to the client until the Commonwealth is paid. |
| Victorian WorkSafe common law damages: steps on the public page | Checklist | AI use Yellow | The steps WorkSafe Victoria publishes for a common law damages application, including the 120-day response and the 21-day and 51-day window after a statutory counter offer. |
| TAC impairment application form (Impairment Assessment Protocols 2026): completion guide | Form | AI use Yellow | Guide to the TAC form lawyers use to request an impairment assessment under Part 3 of the Transport Accident Act 1986 and the Impairment Assessment Protocols 2026. |
| Special damages and out-of-pocket expenses schedule | Court document | AI use Yellow | A schedule of treatment, travel and other expenses already incurred, with columns for invoices, Medicare benefits and interest on past amounts. |
| Dependency calculation after a wrongful death | Court document | AI use Yellow | A calculation of each dependant's loss of financial support after a wrongful death, with the classes of claimant in Victoria, Queensland and New South Wales, and the funeral head where the statute provides for it. |
| Queensland notice of claim for damages: assembly checklist | Checklist | AI use Yellow | Checklist for assembling a notice of claim for damages under section 275 of the Workers' Compensation and Rehabilitation Act 2003 (Qld) before a proceeding is started. |
| TAC common law application form (Common Law Protocol 2026): completion guide | Form | AI use Yellow | Guide to the TAC form used after a proactive or fast track serious injury grant, which must be sent before a common law conference is arranged. |
| Non-economic loss workings | Other | AI use Yellow | Workings for pain and suffering and loss of amenities: the Victorian threshold and gazetted cap, the Queensland injury scale for 2026–27, and the New South Wales proportion of a most extreme case. |
| Motor accidents schedule of earnings (Personal Injury Commission) | Form | AI use Yellow | Link to the Motor Accidents Division approved schedule of earnings for a merit review, with the weekly-benefit periods and the earnings columns the form sets out. |
| WorkSafe worker's claim for impairment benefits: completion guide | Form | AI use Yellow | Link to the WorkSafe form a worker uses to claim compensation for permanent impairment from a work injury, which the claims manual treats as a non-economic loss claim. |
| UCPR Form 14: statement of particulars in personal injury proceedings | Form | AI use Red | Link to UCPR Form 14 version 2, the statement of particulars for personal injury proceedings, covering injuries, expenses, care and economic loss. |
| UCPR Form 15: statement of particulars, compensation to relatives | Form | AI use Red | Link to UCPR Form 15 version 2, the statement of particulars for compensation to relatives proceedings, including dependency and the people for whom the claim is brought. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Civil Liability Act 2002 (NSW), in force from 30 July 2026, sections 3B, 12, 13, 14, 15 and 16 · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW), in force from 10 July 2026, sections 1.7, 4.11 and 6.12 · 2026-10-23
- Workers Compensation Act 1987 (NSW), in force from 1 October 2026, section 151H · 2026-10-23
Statutory benefits are not damages. Section 6.12(4) requires the notices to be given separately. Keep them on a separate schedule.
The Motor Accident Injuries Act rules for the amount of economic loss were not opened. Leave those figures to the lawyer. Do not insert a 5% discount until the lawyer confirms that no other rate is prescribed.
Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).