Court document · Personal Injury & Compensation

Outline notice of motion to take a gravely ill plaintiff's evidence early

An outline notice of motion in the Dust Diseases Tribunal to remove an asbestos claim from the usual claims process and to take the plaintiff's evidence under section 24.

Kind: Court document. A document filed or served in a court or tribunal.
Where it applies: New South Wales
AI use: Red You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
Law stated as at: 23 October 2026
Status: Maintained. Checked on 23 October 2026 against the 4 authorities it cites, for New South Wales.
Version: 1
Source: Written for this library

When to use it

Use when proceedings are pending in the Dust Diseases Tribunal of New South Wales and medical evidence shows the plaintiff is gravely ill. The notice is filed. The supporting affidavit is a different document and is not written here. Do not file this notice in Victoria or Queensland.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may outline the orders in this notice from the court record and the reports the lawyer has listed, and the lawyer writes the affidavit and settles the motion before it is filed.

AI may

Insert the proceeding number, the parties and the place of the examination from the court record
Select section 24(1)(c) or section 24(1)(d) only where the instructions match that limb
List, by title and date, medical reports the lawyer has already decided to rely on

AI must not

Must not write an affidavit, a witness statement or a statutory declaration, or an outline of one
Must not generate a prognosis or a description of the plaintiff's symptoms
Must not set out the steps in Advice to Practitioners No 1 of 2019 or No 2 of 2013
Must not file this notice in Victoria or Queensland, and must not give those courts a New South Wales section number
Must not state a limitation period, or cite section 12A, section 12B or section 25B of the Dust Diseases Tribunal Act 1989

The lawyer checks

Proceedings are pending. Section 24 is an application by a party to proceedings before the Tribunal
The lawyer reads Advice to Practitioners No 1 of 2019 before the motion is filed. That advice was not opened. Its steps are not in this outline
The affidavit and the medical evidence are the lawyer's. The Claims Resolution Process page says the removal application is supported by an affidavit and medical evidence
The limb of section 24(1) matches the facts. Expected death or inability to attend is paragraph (d). Absence from New South Wales is paragraph (c)
A video-courtroom request is timed as the urgent-claims page states, unless the Tribunal shortens time
Health information stays in a firm-approved tool. The lawyer reads the Tribunal's current practice on generated text before any of this outline is filed

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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