Record the section 50 intoxication hurdle and the 25 per cent minimum
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the records the lawyer marks, list what is said about alcohol or drugs, the level if a document states one, and whether anyone says it was not self-induced. Do not decide the reduction.
- What the lawyer must review
- The lawyer decides whether section 50 applies and whether the first hurdle is cleared.
- Check whether the court could be satisfied the intoxication was not self-induced.
- Keep health and wage records in a firm-controlled tool, not a public one.
- ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth).
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. A claim in which section 50 is raised.
Produce. A sourced note of the intoxication facts against section 50.
Have ready. Records of intoxication and any stated level; Any document on self-induction; Any document on whether the harm would have occurred anyway.
Example of the limit. Illustrative example: A note says capacity was impaired and does not say whether the fall would have happened anyway. The list records the impairment and leaves the section 50(2) question for the lawyer.
Stop and hand it back when
- The tool is asked to decide that damages are nil.
- The intoxication is said not to be self-induced and the lawyer has not considered section 50(5).
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the records the lawyer marks, list what is said about alcohol or drugs, the level if a document states one, and whether anyone says it was not self-induced. Do not decide the reduction. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record whether the documents say capacity to exercise reasonable care and skill was impaired.
- State the section 50(2) hurdle: no damages unless the court is satisfied the death, injury or damage is likely to have occurred even if the person had not been intoxicated.
- If that is satisfied, contributory negligence is presumed unless the court is satisfied intoxication did not contribute in any way. The reduction is then 25 per cent or a greater percentage the court determines.
- Section 50(5): the section does not apply if the court is satisfied the intoxication was not self-induced. No 150 mg motor-vehicle minimum was in the section opened.
Sources
- Civil Liability Act 2002 (NSW) section 50 · 2026-10-23
- Supreme Court of NSW Practice Note SC Gen 23 · 2026-10-23
Do not apply the section 50(2) hurdle on a Victorian file. This version is only for a claim to which the New South Wales Part applies. The lawyer decides that application.
If this is filed in the Supreme Court of New South Wales, Practice Note SC Gen 23, issued on 28 January 2025 and commenced on 3 February 2025, bars generative AI from the content of an affidavit or witness statement, and from an expert report without prior leave, subject to paragraph 23.