---
title: "Prepare contributory negligence issues under the Civil Liability Act 2002"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-issues-for-a-contributory-negligence-reduction/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-SB20261022-2-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Prepare contributory negligence issues under the Civil Liability Act 2002

> From the facts about the injured person's own conduct, build an issues table using sections 5R and 5S. Do not choose a percentage, and do not apply those sections to a claim section 3B excludes.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-issues-for-a-contributory-negligence-reduction/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 | Yellow: Lawyer and AI draft together |
| How AI is used | From the facts about the injured person's own conduct, build an issues table using sections 5R and 5S. Do not choose a percentage, and do not apply those sections to a claim section 3B excludes. |
| What the lawyer must review | Decide whether there was contributory negligence and what reduction is just Section 5S allows a reduction of 100 per cent if that is just and equitable Sections 5R and 5S can apply to a motor accident. They do not apply to work injury damages The tool does not choose a percentage |
| Written for | New South Wales |
| Applies to | [Prepare the issues for a contributory negligence reduction](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-issues-for-a-contributory-negligence-reduction.md) |

## Checking plan

**Verify against sources**

The tool builds the section 5R and 5S questions. The lawyer decides the reduction.

- What the AI does: From the facts about the injured person's own conduct, build an issues table using sections 5R and 5S. Do not choose a percentage, and do not apply those sections to a claim section 3B excludes.
- What the lawyer does: Decide contributory negligence and the reduction, including whether a 100 per cent reduction is open.
- 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. Section 5R applies the negligence principles to the injured person, at the standard of a reasonable person in that person's position, on what that person knew or ought to have known at the time.
2. Section 5S allows the court to reduce damages by 100 per cent if it thinks that just and equitable, which defeats the claim.
3. Section 3B(2)(a) applies Divisions 1 to 4 and 8 of Part 1A to motor accidents. Division 8 contains sections 5R and 5S.
4. Section 3B(1)(f) takes work injury damages outside the Act, other than Part 1B. Section 3B(1)(g) takes statutory workers compensation outside the Act. Do not use sections 5R and 5S for those claims.

## Notes

- The current Act table of contents on the NSW legislation website lists sections 5R and 5S in Division 8. The wording used here is the text opened on AustLII on 23 October 2026.
- A reduction is legal advice. The table is not a percentage and not a concession to an insurer.

## Practical guide

Jurisdiction: A New South Wales claim to which the Civil Liability Act 2002 applies

**Deliverable**: An issues table for sections 5R and 5S, with no percentage.

**Inputs**

- Facts about the injured person's own conduct
- Whether the claim is a motor accident, work injury, or other tort
- The lawyer's view of which statute applies

**Example**: Illustrative example: The facts are a public liability fall and a separate work injury damages claim. The table is built only for the public liability claim. The work injury damages claim is marked as outside sections 5R and 5S.

**Stop and escalate when**

- The output states a percentage reduction.
- The claim is work injury damages or statutory workers compensation and the table still applies sections 5R and 5S.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW) section 5R](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5r.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) section 5S](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5s.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) section 3B](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s3b.html) (checked 2026-10-23)
- [NSW legislation: Civil Liability Act 2002, current version](https://legislation.nsw.gov.au/view/html/inforce/current/act-2002-022) (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.*