Count an NSW court time limit for a TPD policy claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the policy, the denial and the dates the lawyer marks, set out a six-year period under section 14 only if the lawyer says the claim is founded on contract and is not founded on a deed. Do not choose the date the cause of action accrued.
- What the lawyer must review
- Decide whether the claim is in contract and not on a deed, and when it first accrued.
- Check the section 14(2) exclusions before using the six-year period.
- Do not use the personal-injury discoverability period for a claim on the policy.
- Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test.
- Written for / version
- New South Wales versionNSWUS
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Limitation Act 1969 (NSW), for a total and permanent disablement claim brought on the policy in a New South Wales court
Produce. A dated limitation note that states section 14 only where the lawyer has identified a contract claim that is not on a deed.
Have ready. Policy; Denial or other accrual fact the lawyer marks; Whether the lawyer says the claim is on a deed.
Example of the limit. Illustrative example: The insurer denied a total and permanent disablement claim on 1 March 2024. The lawyer says the claim is in contract and not on a deed, and that the cause of action accrued on the denial. The tool counts six years from that date. It does not choose the accrual date itself.
Stop and hand it back when
- The lawyer has not said whether the claim is founded on contract or on a deed.
- The file also has a personal-injury damages claim and the two clocks have been merged.
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 | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 14(1)(a) is six years from accrual for a cause of action founded on contract, including quasi-contract, that is not founded on a deed.
- Section 14(2) takes out a cause of action to which section 19 applies, and a contribution claim to which section 26 applies. Those sections were not opened.
- Section 50C is the personal-injury damages period of three years from discoverability and a 12-year long-stop. Do not use it for a claim on the policy unless the lawyer says that is the cause of action.
- No external-dispute time limit was opened. Do not add one.
Sources
- Limitation Act 1969 (NSW) section 14 · 2026-10-23
- Limitation Act 1969 (NSW) section 50C · 2026-10-23
Section 14(1)(a) does not say that a policy claim accrues on the injury, the disablement or the denial. The accrual date stays with the lawyer. No child or disability extension was opened.