Set out the section 5D causation questions for a New South Wales negligence claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Where the lawyer says the Civil Liability Act 2002 applies, build a table with a blank for factual causation, a blank for scope of liability, and a blank for the section 5D(3) limit on a later statement. Do not decide causation.
- What the lawyer must review
- Decide factual causation and scope of liability, and write any pleading or advice
- A later statement of what the person would have done is inadmissible except against interest
- Section 5D can apply to a motor accident award under section 3B(2)
- It does not apply to work injury damages. Section 3B(1)(f) excludes those awards
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 negligence claim to which the Civil Liability Act 2002 applies
Produce. A causation table with blanks for the lawyer's findings. It is not a pleading.
Have ready. The pleaded breach and the harm; The lawyer's decision on whether the Civil Liability Act applies; Any statement by the injured person about what they would have done.
Example of the limit. Illustrative example: The harm followed two separate events. The table has a row for each event under factual causation, and a separate row for scope of liability. It does not say either event caused the harm.
Stop and hand it back when
- The lawyer has not said that the Civil Liability Act applies.
- The claim is for work injury damages under the Workers Compensation Act 1987.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Where the lawyer says the Civil Liability Act 2002 applies, build a table with a blank for factual causation, a blank for scope of liability, and a blank for the section 5D(3) limit on a later statement. Do not decide causation. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Keep factual causation in section 5D(1)(a) separate from scope of liability in section 5D(1)(b).
- Where what the injured person would have done is relevant, apply section 5D(3): the question is subjective, and a later statement is inadmissible except so far as it is against interest.
- Section 3B(2)(a) applies Divisions 1 to 4 and 8 of Part 1A to motor accident awards. Section 5D is in Division 3.
- Do not use section 5D for damages under Division 3 of Part 5 of the Workers Compensation Act 1987. Section 3B(1)(f) excludes those awards.
Sources
- Civil Liability Act 2002 (NSW), in force from 30 July 2026, sections 3B and 5D · 2026-10-23
- Supreme Court of New South Wales: Practice Note SC Gen 23 · 2026-10-23
The in-force Civil Liability Act was read from the version current from 30 July 2026.
If the table is later used in a pleading or submission, Practice Note SC Gen 23 requires the author to verify every citation. The table itself stays on the file.
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).