---
title: "Diary the six-year NSW contract limit if AFCA cannot hear the disability complaint"
url: "https://ailawframework.com/practice/superannuation/check-the-time-limits-for-a-complaint-about-a-superannuation-disability/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A27-TP20261023-5-NSW"
practice_area: "Superannuation"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Diary the six-year NSW contract limit if AFCA cannot hear the disability complaint

> 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.…

Canonical page: https://ailawframework.com/practice/superannuation/check-the-time-limits-for-a-complaint-about-a-superannuation-disability/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Superannuation](https://ailawframework.com/practice/superannuation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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. |
| Written for | New South Wales |
| Applies to | [Check the time limits for a complaint about a superannuation disability benefit](https://ailawframework.com/practice/superannuation/check-the-time-limits-for-a-complaint-about-a-superannuation-disability.md) |

## Checking plan

**Verify against sources**

The lawyer checks that a contract claim would still be in time if AFCA cannot extend the disability limits.

- What the AI does: 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 does: Decide whether the claim is in contract, fix the accrual date, and do not treat the AFCA disability limits as extendable.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. 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.
2. 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.
3. A claim founded on a deed is outside section 14(1)(a). Read the deed provision before diarising a deed.
4. AFCA rule B.4.4.1: AFCA will not extend the time limits in rules B.4.1.1 to B.4.1.4.

## Notes

- 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.

## Practical guide

Jurisdiction: A New South Wales court, if a superannuation disability complaint cannot be determined by AFCA

**Deliverable**: A diary of the state contract period beside the AFCA deadline, with the accrual date left for the lawyer.

**Inputs**

- AFCA deadline already calculated from the decision letters
- Policy and the proposed cause of action
- Date the lawyer treats as accrual

**Example**: 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 escalate 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.

Checked 2026-10-23.

## Sources

- [Limitation Act 1969 (NSW) s 14](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s14.html) (checked 2026-10-23)
- [AFCA Complaint Resolution Scheme Rules, 8 October 2026](https://www.afca.org.au/media/2430/download) (checked 2026-10-23)
- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 r 9](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2015-0244#sec.9) (checked 2026-10-23)
- [Office of the Australian Information Commissioner: Australian Privacy Principles](https://www.oaic.gov.au/privacy/australian-privacy-principles/read-the-australian-privacy-principles) (checked 2026-10-23)
- [Office of the Australian Information Commissioner: notifiable data breaches](https://www.oaic.gov.au/privacy/notifiable-data-breaches) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Covering letter for an AFCA complaint about insurance held in superannuation](https://ailawframework.com/precedents/superannuation/afca-super-complaint-covering-letter.md) | Letter | 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.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*