Mark heads of damage a New South Wales statute does not allow
MaintainedLast reviewed
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
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
| Role | What they do |
|---|---|
| Assistance | 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. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- 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.
- 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.
- 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.
- 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
- Workers Compensation Act 1987 (NSW), in force from 1 October 2026, section 151G · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW), in force from 10 July 2026, sections 4.5 and 4.11 · 2026-10-23
- Civil Liability Act 2002 (NSW), in force from 30 July 2026, section 3B · 2026-10-23
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).