---
title: "Record general issues already determined in the Dust Diseases Tribunal"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-general-issues-already-determined-that-may-bind-a-later-dust-clai/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DD20261023-10-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Record general issues already determined in the Dust Diseases Tribunal

> List each earlier Tribunal determination the lawyer identifies, the general issue it decided, and the later claim, with the judgment reference and no argument.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-general-issues-already-determined-that-may-bind-a-later-dust-clai/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 | 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 | New South Wales |
| Applies to | [Record general issues already determined that may bind a later dust claim](https://ailawframework.com/practice/personal-injury-and-compensation/record-general-issues-already-determined-that-may-bind-a-later-dust-clai.md) |

## Checking plan

**Verify against sources**

Section 25B stops a general issue decided in the Tribunal from being reargued without leave, even against a new party.

- What the AI does: 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 does: The lawyer decides whether section 25B applies and whether to seek leave.
- 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 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.
2. 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.
3. 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.
4. The rules may disapply subsection (1). The section does not affect judicial notice.

## Notes

- 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.

## Practical guide

Jurisdiction: Dust Diseases Tribunal, section 25B

**Deliverable**: A table of earlier general issues with judgment references.

**Inputs**

- Earlier Tribunal judgments the lawyer has selected
- The issue in the later claim

**Example**: 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 escalate when**

- The output contains argument.
- A judgment from another court is marked as binding under section 25B.

Checked 2026-10-23.

## Sources

- [Dust Diseases Tribunal Act 1989 (NSW) s 25B](https://www.austlii.edu.au/au/legis/nsw/consol_act/ddta1989243/s25b.html) (checked 2026-10-23)
- [Dust Diseases Tribunal Act 1989 (NSW) s 11](https://www.austlii.edu.au/au/legis/nsw/consol_act/ddta1989243/s11.html) (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.*