---
title: "Outline notice of motion to take a gravely ill plaintiff's evidence early"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/notice-early-evidence-gravely-ill-plaintiff"
type: "precedent"
site: "AI Law Framework"
id: "a21-notice-early-evidence-gravely-ill-plaintiff"
area_id: "A21"
kind: "court-document"
ai_level: "red"
version: 1
task_ids: ["A21-DD20261023-11", "A21-DD20261023-5", "A21-T1-R12"]
law_stated_as_at: "2026-10-23"
---

# 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.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/notice-early-evidence-gravely-ill-plaintiff  
Law stated as at: 2026-10-23

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

## Key facts

- Kind: Court document. A document filed or served in a court or tribunal.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: New South Wales
- AI level: 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: 2026-10-23
- Status: Maintained. Checked on 2026-10-23 against the 4 authorities it cites, for New South Wales.

## 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

- [Index the material for preserving a gravely ill plaintiff's evidence](https://ailawframework.com/practice/personal-injury-and-compensation/index-the-material-for-preserving-a-gravely-ill-plaintiff-s-evidence.md)
- [Assemble the material for an urgent hearing while the plaintiff is gravely ill](https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-material-for-an-urgent-hearing-while-the-plaintiff-is-grave.md)
- [Prepare an occupational-disease or dust-disease file chronology and issues list](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-an-occupational-disease-or-dust-disease-file-chronology-and-issu.md)

## 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

## Authorities

- [Dust Diseases Tribunal Act 1989 (NSW) s 24, examination de bene esse where the witness is absent, or is expected to die or to be unable through sickness or infirmity to attend](https://www.austlii.edu.au/au/legis/nsw/consol_act/ddta1989243/s24.html)
- [Dust Diseases Tribunal, The Claims Resolution Process (gravely ill plaintiff; notice of motion, affidavit and medical evidence; bedside hearings)](https://dustdiseasestribunal.nsw.gov.au/the-claims-resolution-process.html)
- [Dust Diseases Tribunal, Urgent claims for the gravely ill (specialist prognosis; removal from the Claims Resolution Process; bedside hearing; video courtroom)](https://dustdiseasestribunal.nsw.gov.au/urgent-claims-for-the-gravely-ill.html)
- [Dust Diseases Tribunal, Case types and how they are prioritised (bedside hearings at any time; Sydney room with a hospital bed and oxygen)](https://dustdiseasestribunal.nsw.gov.au/how-the-tribunal-works0/case-types-and-how-they-are-prioritised.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/personal-injury-and-compensation/notice-early-evidence-gravely-ill-plaintiff and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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