---
title: "Test safety-defect defences in a New South Wales court proceeding"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/test-the-statutory-defences-to-a-safety-defect-claim/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PR20261023-5-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Test safety-defect defences in a New South Wales court proceeding

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/test-the-statutory-defences-to-a-safety-defect-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 | 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. |
| Written for | New South Wales |
| Applies to | [Test the statutory defences to a safety-defect claim](https://ailawframework.com/practice/personal-injury-and-compensation/test-the-statutory-defences-to-a-safety-defect-claim.md) |

## Checking plan

**Verify against sources**

The defences are Commonwealth. In New South Wales, SC GEN 23 and District Court General Practice Note 2 govern generative AI. They do not govern a Federal Court filing.

- What the AI does: 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 does: The lawyer decides the defences and the court AI limits.
- 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 s 142(a) at supply by the actual manufacturer, or at generation for electricity.
2. Limit a component defence to the other goods' design, markings or instructions.
3. Do not draft an affidavit with the tool, even as an outline.
4. Verify that citations exist, are accurate and are relevant.

## Notes

- 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.

## Practical guide

Jurisdiction: Supreme Court or District Court of New South Wales, if the defence is addressed there

**Deliverable**: A defence table, with the court AI limits marked if a filing will follow.

**Inputs**

- Defence documents selected by the lawyer
- The mandatory standard, if any
- The court

**Example**: 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 escalate when**

- Section 148 is used for a state standard.
- The tool generates affidavit content.

Checked 2026-10-23.

## Sources

- [Australian Consumer Law, ss 142 and 148](https://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html) (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)
- [District Court of New South Wales, General Practice Note 2](https://districtcourt.nsw.gov.au/documents/practice-notes/district-court-pn---general/Gen_AI_Practice_Note.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.*