Test safety-defect defences in a New South Wales court proceeding
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the material against each paragraph of s 142. If a submission will be filed in the Supreme Court or the District Court, apply that court's generative-AI practice note. 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, diary s 148 notice to the Commonwealth.
- Check a New South Wales mandatory standard under s 142. Section 148 does not make the State a defendant.
- Generative AI must not generate affidavit content. Citation checks in a submission must not be done only by the tool.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Supreme Court or District Court of New South Wales, if the defence is addressed there
Produce. A defence table, with the court AI limits marked if a filing will follow.
Have ready. Defence documents selected by the lawyer; The mandatory standard, if any; The court.
Example of the limit. Illustrative example: The defence pleads a New South Wales standard. The lawyer records s 142(b) and does not prepare s 148 notice. An affidavit in the District Court is written by the lawyer, not generated.
Stop and hand it back when
- Section 148 is used for a state standard.
- The tool generates affidavit content.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List the material against each paragraph of s 142. If a submission will be filed in the Supreme Court or the District Court, apply that court's generative-AI practice note. 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 s 142(a) at supply by the actual manufacturer, or at generation for electricity.
- Limit a component defence to the other goods' design, markings or instructions.
- Do not draft an affidavit with the tool, even as an outline.
- Verify that citations exist, are accurate and are relevant.
Sources
- Australian Consumer Law, ss 142 and 148 · 2026-10-23
- Supreme Court of New South Wales, Practice Note SC GEN 23 · 2026-10-23
- District Court of New South Wales, General Practice Note 2 · 2026-10-23
Practice Note SC GEN 23 and District Court General Practice Note 2 prohibit generative AI from generating affidavit content, and require leave before it drafts an expert report. Draw the note to the expert.