Serve New South Wales rule 15.12 particulars and file the statement without the documents

MaintainedLast reviewed

Key facts

Human involvement
RedLawyer-led
How AI is used
From the records the lawyer selects, extract the rule 15.12 injuries, expenses, care and earnings into a table, and list the documents that are served but not filed. The tool does not write the statement.
What the lawyer must review
  • The lawyer writes the statement and checks every figure against the source document.
  • File a copy of the statement without the accompanying documents.
  • The Court does not require personal service on the defendant. Decide who receives the particulars.
  • Rule 9.1 bars disclosure of confidential client information, with the exceptions in rule 9.2.
Written for / version
New South Wales versionNSWVICQLD

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 personal injury damages claim to which rule 15.12 applies, including a District Court General List matter under Practice Note 16

Produce. A figures table and a list of documents to serve but not file. The lawyer writes the statement.

Have ready. The injury, care and earnings records selected by the lawyer; The date the statement of claim was served; Whether the claim is under the Compensation to Relatives Act 1897.

Example of the limit. Illustrative example: The draft filing includes two years of tax returns. The checklist separates them from the statement. The lawyer files the statement only.

Stop and hand it back when

  • The claim is a Compensation to Relatives Act claim.
  • The tool is asked to write the filed statement.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceSupporting preparation only. From the records the lawyer selects, extract the rule 15.12 injuries, expenses, care and earnings into a table, and list the documents that are served but not filed. The tool does not write the statement. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human.
LawyerPerform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use.

Checklist

  1. Rule 15.12 applies to a personal injury damages claim other than a claim under the Compensation to Relatives Act 1897.
  2. Serve the statement on or as soon as practicable after the statement of claim, with accounts, medical reports, wage records and, where loss of income is claimed, the employer letter and the tax returns the rule names.
  3. The accompanying documents stay off the court file. What is filed is a copy of the statement.
  4. Practice Note 16 says the particulars need not be served personally on the defendant. Final particulars are generally filed and served before the status conference.

Sources

Supreme Court Practice Note SC GEN 23, commenced on 3 February 2025, prohibits generative AI from generating evidentiary content, and requires prior leave before it is used to draft an expert report.

Rule 15.13, for fatal claims, was not opened. Do not use rule 15.12 for a Compensation to Relatives Act claim.

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