Work out which damages rules apply to a safety-defect injury
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the injury summary the lawyer has already accepted, list the heads of loss and the statutory tests the lawyer names. Do not choose a regime, state a dollar cap, or write the advice.
- What the lawyer must review
- Decide which regime applies. Part VIB applies to a Part 3-5 claim for personal injury damages through s 87E.
- Section 275 is the services-guarantee limit. Do not use it, or s 137C, as the Part 3-5 cap.
- Use the indexed s 87M maximum, not the printed commencement-year figure. Section 137A is the reduction.
- Keep health and wage records in a firm-controlled tool.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the injury summary the lawyer has already accepted, list the heads of loss and the statutory tests the lawyer names. Do not choose a regime, state a dollar cap, or write the advice. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm s 87E applies Part VIB to a Part 3-5 proceeding in which personal injury damages are sought, with the smoking exception in s 87E(1)(c) and the Divisions 2 and 7 carve-back in s 87E(2).
- Do not state a current dollar maximum. Section 87M prints $250,000 only for the commencement year.
- Apply s 137A(1) to an action under s 138 or s 139: reduce the loss, including to nil, to the extent the court thinks fit for the injured individual's share of responsibility, including an act or omission of a person for whom that individual is responsible. Read s 137A(2) before using it for an action under s 140 or s 141.
- Do not describe s 275 or s 137C as the Part 3-5 damages rule.
Sources
- Competition and Consumer Act 2010 (Cth), s 87E · 2026-10-23
- Competition and Consumer Act 2010 (Cth), ss 87L, 87M, 87P, 87Q and 87S · 2026-10-23
- Competition and Consumer Act 2010 (Cth), s 87U · 2026-10-23
- Competition and Consumer Act 2010 (Cth), s 137A · 2026-10-23
- Competition and Consumer Act 2010 (Cth), s 137C · 2026-10-23
- Australian Consumer Law (Schedule 2), s 275 · 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.