Set out the owner's damages liability under section 25
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the owner, the bodily injury or property damage the records describe, and any fact going to the limits in section 25. Do not plead the cause of action.
- What the lawyer must review
- The lawyer decides whether section 25 applies and whether a limit in the section is open.
- Do not read section 25(4) as affecting liability apart from that section.
- Keep health and wage records in a firm-controlled tool, not a public one.
- ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth).
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. A dog attack in which section 25 is in question.
Produce. A question list tied to section 25 and the records, for the lawyer to settle.
Have ready. Records naming the owner; Records of the injury or damaged property; Any document on place, lawful presence or provocation.
Example of the limit. Illustrative example: The records say a dog bit a person on the footpath and tore a sleeve. The list records bodily injury and clothing. It does not decide the defence.
Stop and hand it back when
- The owner is not identified in a document.
- The tool is asked to plead the claim.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List the owner, the bodily injury or property damage the records describe, and any fact going to the limits in section 25. Do not plead the cause of action. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record bodily injury caused by the dog wounding or attacking, and damage to personal property, including clothing, caused in the course of that attack.
- Check section 25(2)(a): an attack on property or a vehicle of which the owner is an occupier, or where the dog is ordinarily kept, and only if the person was not lawfully there and the dog was not a dangerous, menacing or restricted dog.
- Check section 25(2)(b): immediate response to, and wholly induced by, intentional provocation by a person other than the owner or the owner's employees or agents.
- Note section 25(3): the section does not apply to a police dog or a corrective services dog. Section 25(4) preserves other liability.
Sources
- Companion Animals Act 1998 (NSW) section 25 · 2026-10-23
- Civil Liability Act 2002 (NSW) section 5B · 2026-10-23
- Supreme Court of NSW Practice Note SC Gen 23 · 2026-10-23
The section page did not print an "as at" date. Confirm the current text before reliance. The lawyer still decides who the owner is.
If this is filed in the Supreme Court of New South Wales, Practice Note SC Gen 23, issued on 28 January 2025 and commenced on 3 February 2025, bars generative AI from the content of an affidavit or witness statement, and from an expert report without prior leave, subject to paragraph 23.