Keep the New South Wales non-economic-loss threshold off the safety-defect claim

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Key facts

Human involvement
RedLawyer-led
How AI is used
List the heads of loss and the tests the lawyer names. Keep Part VIB on the Part 3-5 claim. Put Civil Liability Act s 16 only on a fault claim. Do not write the advice or state a current dollar cap.
What the lawyer must review
  • Write the advice. Part VIB applies to the Part 3-5 claim through s 87E, in this court or the Federal Court.
  • Allow no non-economic loss under section 16 unless severity is at least 15 per cent of a most extreme case.
  • Do not use $350,000 as the current cap. The section prints $350,000 and indexes it.
  • Do not apply s 16, or s 275, to the Part 3-5 claim.
Written for / version
New South Wales versionNSWVICQLD

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. A New South Wales fault claim beside a Part 3-5 claim

Produce. The lawyer's note of which threshold applies to which cause of action.

Have ready. The causes of action pleaded; The injury summary accepted by the lawyer.

Example of the limit. Illustrative example: Severity on the fault count is argued at 20 per cent of a most extreme case. The lawyer uses s 16 for that count only, and does not treat the printed $350,000 as this year's maximum.

Stop and hand it back when

  • Section 16 is applied to the Part 3-5 claim.
  • A current dollar cap is stated without the indexation order.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceSupporting preparation only. List the heads of loss and the tests the lawyer names. Keep Part VIB on the Part 3-5 claim. Put Civil Liability Act s 16 only on a fault claim. Do not write the advice or state a current dollar cap. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human.
LawyerPerform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use.

Checklist

  1. Confirm the 15 per cent floor before any non-economic loss on the fault claim.
  2. Do not state a current dollar figure for s 16 or for s 87M.
  3. Section 87S says that if non-economic loss is less than 15 per cent of a most extreme case, the court must not award personal injury damages for non-economic loss. Section 87E applies that Part to a proceeding under the Australian Consumer Law that relates to Part 3-5 and in which the plaintiff seeks personal injury damages. Section 87S is a different provision from section 16.
  4. If a submission is filed, verify citations other than by the tool alone.

Sources

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.

The s 16 table and rounding were read. The indexation order was not opened.

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