Screen a safety-defect injury against the New South Wales discoverability period
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Where a fault count may be filed in New South Wales, list the s 50C periods and whether s 50F suspends time. Do not treat those periods as the safety-defect test.
- What the lawyer must review
- Check s 50C: the 3-year post-discoverability period or the 12-year long-stop, whichever ends first.
- Read Division 4 of Part 3. The note to s 50C says it can extend the 12-year period.
- For a minor, check s 50F. A minor is under a disability only while lacking a capable parent or guardian.
- Do not use Civil Liability Act s 16 as the test for a Part 3-5 claim.
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 personal-injury proceeding joined with a safety-defect claim
Produce. A screen that keeps s 50C separate from the safety-defect clocks.
Have ready. Discoverability facts marked by the lawyer; Whether the person is a minor; Whether a fault count is proposed.
Example of the limit. Illustrative example: The act was 11 years ago and the injury was discoverable last year. The lawyer diaries both s 50C limbs, notes the long-stop extension only as a provision to read, and keeps the Commonwealth clocks.
Stop and hand it back when
- Section 50D is stated from memory.
- Section 16 is applied to a Part 3-5 claim.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Where a fault count may be filed in New South Wales, list the s 50C periods and whether s 50F suspends time. Do not treat those periods as the safety-defect test. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record which of the two s 50C periods ends first.
- Leave the Commonwealth clocks on the safety-defect side.
- The discoverability definition in s 50D was not the page opened. Do not state its test.
- Keep health records in a firm-controlled tool.
Sources
- Limitation Act 1969 (NSW), s 50C · 2026-10-23
- Limitation Act 1969 (NSW), s 50F · 2026-10-23
- Civil Liability Act 2002 (NSW), s 16 · 2026-10-23
Practice Note SC GEN 23 and District Court General Practice Note 2 prohibit generative AI from generating affidavit content, and require leave before it drafts an expert report. Draw the note to the expert.
Section 50C(2) begins a special rule for a survivor action. The rest of that section was not read.