Screen instructions against rule 8.1 and the New South Wales disability rules
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the indicators the lawyer marks on the enquiry, such as age, a stated order, or difficulty understanding the decision. Do not decide whether the person can give instructions. Do not treat a limitation rule as a capacity finding.
- What the lawyer must review
- Decide whether the instructions are lawful, proper and competent
- Do not treat section 50F as a finding that the person can or cannot instruct
- Do not use that Division for a motor accidents claim
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
Produce. A list of indicators the lawyer has marked, with no capacity finding.
Have ready. The age, order or difficulty the lawyer has marked; Whether the lawyer has named a motor accidents statute.
Example of the limit. Illustrative example: The injured person is 16 and lives with a parent. The note records the age. It does not say that time is suspended.
Stop and hand it back when
- The tool would decide that the person cannot instruct.
- The tool would apply section 50F to a Motor Accident Injuries Act claim.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List the indicators the lawyer marks on the enquiry, such as age, a stated order, or difficulty understanding the decision. Do not decide whether the person can give instructions. Do not treat a limitation rule as a capacity finding. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Rule 8.1 says a solicitor must only accept and follow a client's lawful, proper and competent instructions. The list of indicators is not that decision.
- Section 50F suspends a limitation period that has commenced to run, for the duration of a disability. A minor is under a disability only while the minor does not have a capable parent or guardian. An incapacitated person is under a disability for a continuous period of 28 days or more, but not while a protected person.
- A capable parent or guardian of a minor is a parent or guardian who is not under a disability. In determining when a cause of action is discoverable by a minor, or an incapacitated person, who is not under a disability, facts that are known or ought to be known by a capable parent or guardian of the minor, or by the guardian of the incapacitated person, are taken to be facts that are known or ought to be known by the minor or incapacitated person.
- Section 50A(3) says this Division does not apply to a claim under the Motor Accidents Compensation Act 1999 or the Motor Accident Injuries Act 2017. Do not use section 50F on those claims. The length of the discoverability period was not opened, so no period is stated.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Capacity and instructions checklist | Checklist | AI use Yellow | Checklist for whether the injured person can instruct on the decision in front of them today. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), rule 8.1 · 2026-10-23
- Limitation Act 1969 (NSW), section 50F · 2026-10-23
- Limitation Act 1969 (NSW), section 50A · 2026-10-23
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).
A protected person includes a person for whom a guardian has been appointed, and a person whose estate is under management. The screen does not decide that status.