Record general issues already determined in the Dust Diseases Tribunal
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List each earlier Tribunal determination the lawyer identifies, the general issue it decided, and the later claim, with the judgment reference and no argument.
- What the lawyer must review
- The lawyer decides whether the issue is a general issue and whether leave is needed.
- A later judgment that adopts the earlier issue must identify it.
- New evidence, and the way the earlier case was run, are leave factors on the section.
- The tool does not draft the leave application.
- Written for / version
- New South Wales versionNSW
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Dust Diseases Tribunal, section 25B
Produce. A table of earlier general issues with judgment references.
Have ready. Earlier Tribunal judgments the lawyer has selected; The issue in the later claim.
Example of the limit. Illustrative example: An earlier Tribunal judgment decided a general issue about a product. The later claim is against a different defendant. The tool records the citation and the issue. The lawyer decides whether leave is required. The tool does not argue the leave application.
Stop and hand it back when
- The output contains argument.
- A judgment from another court is marked as binding under section 25B.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List each earlier Tribunal determination the lawyer identifies, the general issue it decided, and the later claim, with the judgment reference and no argument. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 25B(1): issues of a general nature determined in the Tribunal, including on appeal, may not be relitigated or reargued in other Tribunal proceedings without leave, whether or not the parties are the same.
- If the later judgment decides the issue on the basis of the earlier one, it must identify the issue and identify that it is a general issue determined under the section.
- On leave, the Tribunal has regard to new evidence, whether or not previously available, the manner in which the earlier proceedings were conducted, and other matters it considers relevant.
- The rules may disapply subsection (1). The section does not affect judicial notice.
Sources
- Dust Diseases Tribunal Act 1989 (NSW) s 25B · 2026-10-23
- Dust Diseases Tribunal Act 1989 (NSW) s 11 · 2026-10-23
No equivalent section was opened for Victoria or Queensland. Do not export this rule.
The Dust Diseases Tribunal practice-notes index opened on 23 October 2026 has no generative AI note. Do not treat a Supreme Court note as the Tribunal rule. Do not enter confidential information into a public tool.