Prepare the New South Wales mediation record for work injury damages
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, prepare the mediation cover, the attendance list and a record for the final offers. Leave the amounts blank.
- What the lawyer must review
- The lawyer sets the offer. The record does not recommend a figure.
- Check whether mediation is required, or an exception applies.
- Do not put the offers into a court document.
- Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply.
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: mediation in the Personal Injury Commission under Procedural Direction WC4
Produce. A mediation cover, attendance list and blank offer record for a New South Wales work injury damages claim.
Have ready. Pre-filing service date; Insurer's response; Persons who will attend.
Example of the limit. Illustrative example: The defendant wholly disputes liability and has said it will not mediate. The tool records the WC4 exception and does not prepare a referral. The lawyer confirms the dispute is of the whole of the liability.
Stop and hand it back when
- The 28 days have not passed and no exception is recorded.
- The tool has inserted an offer amount or put the offers into a court document.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In the firm-controlled tool, prepare the mediation cover, the attendance list and a record for the final offers. Leave the amounts blank. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Do not refer the claim until at least 28 days after the pre-filing statement.
- Record the 42-day exception and the wholly-disputes exception before treating mediation as optional.
- Name the worker and the insurer's claims officer. A non-employer third party is invited and cannot be compelled.
- Keep the mediator's record of final offers out of any court document. SIRA says they are not disclosed until the matter is determined.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Written final offer for a Queensland WorkCover damages claim (s 292) | Notice | AI use Yellow | The claimant's written final offer under section 292 of the Workers' Compensation and Rehabilitation Act 2003 (Qld). |
| Mediation paper and final offer for a NSW work injury damages claim | Memo | AI use Yellow | The worker's statement of issues for a Personal Injury Commission mediation of a work injury damages claim, and the final offer recorded if the claim does not settle. |
| Statutory counter offer before a Victorian serious injury damages proceeding | Letter | AI use Yellow | The worker's statutory counter offer under section 333 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Personal Injury Commission: Procedural Direction WC4 · 2026-10-23
- SIRA workers compensation claims guide: Work injury damages · 2026-10-23
- Supreme Court of New South Wales: Practice Note SC Gen 23 · 2026-10-23
Procedural Direction WC4 says Commission mediation is mandatory before court proceedings, with two exceptions. No referral is required if the defendant does not respond to the pre-filing statement within 42 days. A defendant who wholly disputes liability may decline to participate. The claim is not referred until at least 28 days after the pre-filing statement is served. The worker and the insurer's claims officer attend. Where a third party who is not the employer is needed to settle the claim, the principal registrar will invite that party and cannot compel attendance. If there is no agreement, the mediator certifies the final offers. SIRA says those offers are not disclosed to the court until the matter is determined.
Work injury damages trials are commonly heard in the District Court. Check that court's generative AI note before filing. It was not opened for this version. Supreme Court Practice Note SC Gen 23 was amended on 28 January 2025, with the stated amendments in effect from 3 February 2025. For a Commission mediation, check the Commission's current generative AI direction.
Keep health and wage records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).