---
title: "Set out the section 5D causation questions for a New South Wales negligence claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-statutory-causation-questions-for-a-negligence-claim/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-SB20261022-1-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Set out the section 5D causation questions for a New South Wales negligence claim

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-statutory-causation-questions-for-a-negligence-claim/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 | 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 |
| Written for | New South Wales |
| Applies to | [Set out the statutory causation questions for a negligence claim](https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-statutory-causation-questions-for-a-negligence-claim.md) |

## Checking plan

**Verify against sources**

The table follows section 5D only where the Civil Liability Act applies. The lawyer decides both elements and writes any pleading.

- What the AI does: 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 does: Decide whether section 5D applies, decide both elements, and write any pleading or advice.
- 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. Keep factual causation in section 5D(1)(a) separate from scope of liability in section 5D(1)(b).
2. 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.
3. Section 3B(2)(a) applies Divisions 1 to 4 and 8 of Part 1A to motor accident awards. Section 5D is in Division 3.
4. 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.

## Notes

- 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).

## Practical guide

Jurisdiction: A New South Wales negligence claim to which the Civil Liability Act 2002 applies

**Deliverable**: A causation table with blanks for the lawyer's findings. It is not a pleading.

**Inputs**

- 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**: 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 escalate 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.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW), in force from 30 July 2026, sections 3B and 5D](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2002-022) (checked 2026-10-23)
- [Supreme Court of New South Wales: Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf) (checked 2026-10-23)

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