Test the statutory defences to a safety-defect claim
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Against the documents the lawyer selects, list any material going to each paragraph of s 142: whether the defect existed at supply by the actual manufacturer, compliance with a mandatory standard, the state of scientific or technical knowledge at supply, and, where the goods were a component, the design, markings or instructions of the other goods. Do not say a defence is made out.
- What the lawyer must review
- Decide which s 142 defences are open and who must establish them.
- If the defence is a Commonwealth mandatory standard, give the s 148 notice. The Commonwealth then becomes a defendant.
- A state mandatory standard can still be raised under s 142. Section 148 does not make that state a defendant.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | Against the documents the lawyer selects, list any material going to each paragraph of s 142: whether the defect existed at supply by the actual manufacturer, compliance with a mandatory standard, the state of scientific or technical knowledge at supply, and, where the goods were a component, the design, markings or instructions of the other goods. Do not say a defence is made out. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Keep the time in s 142(a) as supply by the actual manufacturer, or generation before transmission for electricity.
- Do not treat a recalled or later-improved product as answering s 142(c).
- Where the goods were a component, limit s 142(d) to a defect attributable only to the design, markings, or instructions or warnings of the other goods.
- If s 148 is in play, record that notice and a copy of the defence go to the Commonwealth as soon as practicable after the defence is raised, and that judgment can be entered against the Commonwealth.
Sources
- Australian Consumer Law (Schedule 2), ss 142 and 148, and the definition of mandatory standard · 2026-10-23
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.