Apply section 50F before using the adult period on a birth injury
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the dates the lawyer nominates, set out the section 50C periods and what section 50F says about a minor, and leave a row blank where the file has no date. Do not decide that the claim is in time.
- What the lawyer must review
- The lawyer decides whether the minor had a capable parent or guardian. The tool does not.
- Do not treat every minor as suspending the period. Section 50F(2)(a) says otherwise.
- Keep health and wage records in a firm-controlled tool, not a public one.
- ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth).
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales. A birth-injury claim and sections 50C and 50F.
Produce. A period table. The lawyer writes whether the claim is in time.
Have ready. Date of the act or omission; Date of birth; Whether the lawyer marks a capable parent or guardian.
Example of the limit. Illustrative example: The child had a parent and the lawyer has not marked whether that parent was under a disability. The table records section 50F(2)(a) and leaves the capable-parent row blank.
Stop and hand it back when
- The tool is asked to decide the claim is in time.
- The protected-person definition is needed and has not been read in full.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- State section 50C: the first to expire of 3 years from and including the discoverability date, and 12 years from the act or omission.
- Section 50F(2)(a): a minor is under a disability, but not while the minor has a capable parent or guardian. A capable parent or guardian is one who is not under a disability.
- Section 50F(1) suspends the running of the period for the duration of the disability. Section 50F(3) attributes facts known or that ought to be known by a capable parent or guardian.
- An incapacitated person is under a disability for a continuous period of 28 days or more, but not while a protected person. The protected-person definition was not fully on the page read. The lawyer reads it. Division 4, noted under section 50C, was not opened.
Sources
- Limitation Act 1969 (NSW) section 50F · 2026-10-23
- Limitation Act 1969 (NSW) section 50C · 2026-10-23
- Limitation Act 1969 (NSW) section 50D · 2026-10-23
Discoverability is section 50D, the same three facts, and "ought to know" means all reasonable steps would have ascertained the fact. Survivor actions under section 50C(2) are not this task.
If this is filed in the Supreme Court of New South Wales, Practice Note SC Gen 23, issued on 28 January 2025 and commenced on 3 February 2025, bars generative AI from the content of an affidavit or witness statement, and from an expert report without prior leave, subject to paragraph 23.