---
title: "Separate a New South Wales estate claim from a relatives action"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-estate-s-surviving-action-from-the-dependants-action/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-FM20261023-2-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Separate a New South Wales estate claim from a relatives action

> In a firm-controlled tool, make two columns for section 2 of the Law Reform (Miscellaneous Provisions) Act 1944 and the Compensation to Relatives Act 1897. Do not use the repealed nervous-shock Part.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-estate-s-surviving-action-from-the-dependants-action/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | In a firm-controlled tool, make two columns for section 2 of the Law Reform (Miscellaneous Provisions) Act 1944 and the Compensation to Relatives Act 1897. Do not use the repealed nervous-shock Part. |
| What the lawyer must review | Decide which head is the estate's and which is the relatives' action. Keep the estate rights additional to the relatives' rights, under section 2(5). Do not cite Part 3 of the 1944 Act. It is repealed. |
| Written for | New South Wales |
| Applies to | [Separate the estate's surviving action from the dependants' action](https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-estate-s-surviving-action-from-the-dependants-action.md) |

## Checking plan

**New South Wales estate and relatives**

The tool keeps the 1944 Act apart from the Compensation to Relatives Act. The lawyer assigns each head.

- What the AI does: In a firm-controlled tool, make two columns for section 2 of the Law Reform (Miscellaneous Provisions) Act 1944 and the Compensation to Relatives Act 1897. Do not use the repealed nervous-shock Part.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Exclude defamation, seduction, inducing a spouse to leave or remain apart, and the named Property (Relationships) Act claims.
2. Mark section 2(5) on the estate column.
3. Put the dependency claim under the Compensation to Relatives Act only.
4. Do not cite Part 3 of the 1944 Act as current law.

## Notes

- Section 2(1) of the Law Reform (Miscellaneous Provisions) Act 1944 survives causes of action vested in the deceased for the estate, except defamation, seduction, inducing a spouse to leave or remain apart, and claims under Division 2 of Part 3 of the Property (Relationships) Act 1984. Section 2(5) says those estate rights are in addition to, and not in derogation of, rights of dependants under the Compensation to Relatives Act 1897. The dependency action is that Act. Part 3 of the 1944 Act is repealed.
- Family, wage and medical records stay in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: New South Wales: Law Reform (Miscellaneous Provisions) Act 1944 s 2 and the Compensation to Relatives Act 1897

**Deliverable**: A two-column table of the estate claim and the relatives action.

**Inputs**

- The draft schedule of loss
- The opened sections

**Example**: Illustrative example: A draft cites the old nervous-shock provisions of the 1944 Act. The tool marks Part 3 as repealed and leaves the mental-harm rows for the Civil Liability Act. The lawyer confirms.

**Stop and escalate when**

- A head is supported only by the repealed Part.
- The same loss sits in both columns.

Checked 2026-10-23.

## Sources

- [Law Reform (Miscellaneous Provisions) Act 1944 (NSW), whole Act](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1944-028) (checked 2026-10-23)
- [Compensation to Relatives Act 1897 (NSW), whole Act](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1897-031) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Apportionment of a dependency claim settlement for court approval](https://ailawframework.com/precedents/personal-injury-and-compensation/fatal-dependency-apportionment-outline.md) | Court document | Red | Outline for asking the court to direct each dependant's share of a wrongful-death settlement in Victoria, Queensland and New South Wales. The lawyer writes anything that is filed. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*