--- title: "Calculate New South Wales limitation periods for death and dependency" url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-limitation-period-for-a-dependency-claim-separately-from-th/new-south-wales" type: "task_jurisdiction_version" site: "AI Law Framework" id: "A21-FM20261023-7-NSW" practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)" tier: "yellow" lawyer_review: "required" jurisdictions: ["NSW"] last_reviewed: "2026-10-25" --- # Calculate New South Wales limitation periods for death and dependency > In a firm-controlled tool, calculate the section 50C period for the estate claim and the relatives action, running the relatives long-stop from the death. Take a Motor Accident Injuries Act 2017 claim off this table. Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-limitation-period-for-a-dependency-claim-separately-from-th/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 | In a firm-controlled tool, calculate the section 50C period for the estate claim and the relatives action, running the relatives long-stop from the death. Take a Motor Accident Injuries Act 2017 claim off this table. | | What the lawyer must review | Decide whether Division 6 applies. It does not apply to the named motor-accident Acts. For a relatives action, run the 12-year long-stop from the death. Open section 60B before using the section 60D extension. The extension is not the current period. | | Written for | New South Wales | | Applies to | [Work out the limitation period for a dependency claim separately from the surviving claim](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-limitation-period-for-a-dependency-claim-separately-from-th.md) | ## Checking plan **New South Wales fatal limitation** The tool runs Division 6, with the relatives long-stop from the death, and takes motor-accident claims off the table. The lawyer opens section 60B before using section 60D. - What the AI does: In a firm-controlled tool, calculate the section 50C period for the estate claim and the relatives action, running the relatives long-stop from the death. Take a Motor Accident Injuries Act 2017 claim off this table. - What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use. - 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. Use the earlier of 3 years running from and including the date the cause of action is discoverable by the plaintiff, and 12 years running from the time of the act or omission. 2. Apply section 50C(3) so the relatives long-stop runs from the death. 3. If the claim is under the Motor Accidents Compensation Act 1999 or the Motor Accident Injuries Act 2017, remove it. Section 50A(3) says the Division does not apply. 4. Do not use section 60D until section 60B is opened. Division 4 of Part 3 was not opened. ## Notes - Section 50A of the Limitation Act 1969 applies Division 6 to a cause of action for damages that relate to the death of or personal injury to a person, where the act or omission occurs on or after the commencement of the Division, and section 50A(4) extends the Division to a compensation to relatives action. Section 50A(3) says the Division does not apply to a claim under the Motor Accidents Compensation Act 1999 or the Motor Accident Injuries Act 2017. Section 50C(1) says the action is not maintainable after the earlier of 3 years running from and including the date the cause of action is discoverable by the plaintiff, and 12 years running from the time of the act or omission. The note in the section says the 12-year period can be extended under Division 4 of Part 3. That Division was not opened. Section 50C(2) states the discoverability rule for a survivor action. Section 50C(3) says that for a compensation to relatives action the 12-year long-stop runs from the death. Section 60D lets a court extend a Compensation to Relatives limitation period by not more than five years if that is just and reasonable. The table of provisions places section 60D in a division about personal injury cases arising before the 2002 amendments. The lawyer opens section 60B before using the extension. - Family, wage and medical records stay in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth). ## Practical guide Jurisdiction: New South Wales: Limitation Act 1969 Division 6, ss 50A, 50C and 60D **Deliverable**: A two-row limitation table, with motor-accident claims removed and the extension power flagged as unread. **Inputs** - Date of the act or omission - Date of death - Discoverability date - Whether the claim is a motor-accident claim **Example**: Illustrative example: The death was in a crash said to be under the Motor Accident Injuries Act 2017. The tool takes the claim off the Division 6 table because of section 50A(3). The lawyer opens the motor-accident provision, which was not opened here. **Stop and escalate when** - A motor-accident claim is given a Division 6 date. - Section 60D is used as the limitation period for a new death. Checked 2026-10-23. ## Sources - [Limitation Act 1969 (NSW) s 50A](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50a.html) (checked 2026-10-23) - [Limitation Act 1969 (NSW) s 50C](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50c.html) (checked 2026-10-23) - [Limitation Act 1969 (NSW) s 60D](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s60d.html) (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.*