Keep the New South Wales non-economic-loss threshold off the safety-defect claim
MaintainedLast reviewed
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.
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
| Role | What they do |
|---|---|
| Assistance | Supporting 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. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm the 15 per cent floor before any non-economic loss on the fault claim.
- Do not state a current dollar figure for s 16 or for s 87M.
- 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.
- If a submission is filed, verify citations other than by the tool alone.
Sources
- Civil Liability Act 2002 (NSW), s 16 · 2026-10-23
- Competition and Consumer Act 2010 (Cth), s 87E and s 87S · 2026-10-23
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.