Mark heads of damage a New South Wales statute does not allow

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Key facts

Human involvement
YellowClose supervision
How AI is used
From the heads the lawyer lists, mark a head the named section does not allow and leave the others unmarked. Do not write a pleading or a schedule that will be filed or served.
What the lawyer must review
  • Section 151G allows only past and future loss of earnings, with a Compensation to Relatives exception
  • Section 4.5 limits economic loss and does not abolish non-economic loss
  • Non-economic loss on a motor accident award still faces section 4.11
  • Do not use a Civil Liability Act exclusion for a claim outside that Act
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 damages claim after the lawyer has named the Act

Produce. A marked list of heads. Not a pleading.

Have ready. The heads the lawyer has listed; The Act; Whether the action is under the Compensation to Relatives Act 1897.

Example of the limit. Illustrative example: Care and future treatment are listed on a work injury damages claim. Both are marked as outside section 151G. Loss of earnings is left unmarked.

Stop and hand it back when

  • The Act has not been named.
  • The list would be filed as the pleading.

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

Who does what

Who does what
RoleWhat they do
AssistanceFrom the heads the lawyer lists, mark a head the named section does not allow and leave the others unmarked. Do not write a pleading or a schedule that will be filed or served.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Workers Compensation Act section 151G: the only damages are past economic loss due to loss of earnings and future economic loss due to deprivation or impairment of earning capacity. Section 151G(2) does not apply that limit to a Compensation to Relatives Act 1897 action.
  2. Motor Accident Injuries Act section 4.5 limits damages for economic loss to the four kinds in subsection (1). It does not apply to a Compensation to Relatives Act 1897 action. It does not, by itself, remove non-economic loss.
  3. Section 4.11 still bars non-economic loss unless the degree of permanent impairment caused by the motor accident is greater than 10 per cent. That gateway is not calculated in this list.
  4. Do not mark a head as excluded by a Part 2 provision that does not apply to the award. Section 3B(2) keeps some provisions for a motor accident, including Division 7 of Part 2 and section 17A. It does not keep sections 12, 13, 14 or 16 for a Part 4 award. Section 3B(1)(f) takes work injury damages outside the Act other than Part 1B.

Sources

Section 151H and section 16 are separate gateways. This list does not apply their percentages.

Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).

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