Diary the six-year NSW contract limit if AFCA cannot hear the disability complaint
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the decision dates the lawyer marks, set out section 14(1)(a) of the Limitation Act 1969 (NSW) beside the AFCA deadline, including the deed exclusion and the causes of action section 14 does not cover. The tool does not choose the accrual date.
- What the lawyer must review
- Confirm the claim is founded on contract, including quasi-contract, and is not founded on a deed.
- Diary six years from the date the cause of action first accrues.
- Do not apply section 14 to section 19, or to contribution under section 26.
- Do not treat the AFCA disability limits as extendable.
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 court, if a superannuation disability complaint cannot be determined by AFCA
Produce. A diary of the state contract period beside the AFCA deadline, with the accrual date left for the lawyer.
Have ready. AFCA deadline already calculated from the decision letters; Policy and the proposed cause of action; Date the lawyer treats as accrual.
Example of the limit. Illustrative example: The AFCA disability deadline has passed. The tool lists six years from a blank accrual date and marks a deed as outside section 14(1)(a). The lawyer decides how the claim is framed.
Stop and hand it back when
- The policy may be a deed and the deed provision has not been read.
- Section 19 or section 26 may apply and has not been checked.
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) gives six years, running from the date the cause of action first accrues, for a cause of action founded on contract, including quasi-contract, that is not founded on a deed.
- Section 14(2) says section 14 does not apply to a cause of action to which section 19 applies, or to a cause of action for contribution to which section 26 applies.
- A claim founded on a deed is outside section 14(1)(a). Read the deed provision before diarising a deed.
- AFCA rule B.4.4.1: AFCA will not extend the time limits in rules B.4.1.1 to B.4.1.4.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Covering letter for an AFCA complaint about insurance held in superannuation | Letter | AI use Yellow | A covering letter for a complaint to the Australian Financial Complaints Authority about a disability decision on insurance held in superannuation, made through AFCA's own process. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Limitation Act 1969 (NSW) s 14 · 2026-10-23
- AFCA Complaint Resolution Scheme Rules, 8 October 2026 · 2026-10-23
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 r 9 · 2026-10-23
- Office of the Australian Information Commissioner: Australian Privacy Principles · 2026-10-23
- Office of the Australian Information Commissioner: notifiable data breaches · 2026-10-23
The AFCA rules do not change by state. This version is the New South Wales contract period used if those rules cannot be extended.
Keep medical and wage records in the firm's tool. Rule 9 of the uniform solicitors' conduct rules and Australian Privacy Principle 11 apply. A loss likely to result in serious harm may be notifiable.