Checklist · Personal Injury & Compensation

Limitation period checklist for a personal injury claim (Limitation Act 1969 (NSW) Part 2 Division 6)

Checklist for working out the limitation period for a NSW personal injury or death claim: whether Division 6 applies, the 3-year discoverability and 12-year long-stop periods, discoverability facts, minors injured by close relatives, disability and extension.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
New South Wales
AI use
Red Keep AI out of the decisive steps. A lawyer does the work.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 4 authorities it cites, for New South Wales.
Version
1
Source
Written for this library

When to use it

Use at intake and again before advising on any new NSW personal injury claim outside the motor accident and workers compensation schemes, so the earliest possible expiry date is diarised before any other work is done.

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

The lawyer decides the limitation date; AI may extract the dates and facts from the intake and records into the checklist for the lawyer to work through.

AI may

  • Extract the date of the act or omission, the date of injury, the client's date of birth and the first medical attendances from the intake and records
  • List facts in the file that bear on when the client knew, or ought to have known, of the injury, fault and seriousness
  • Show the 12-year long-stop date from the date of the act or omission for the lawyer to confirm

AI must not

  • Must not decide the discoverability date or state that a claim is in time
  • Must not decide whether the claim falls within a statutory scheme with its own time limits
  • Must not diarise a date that the lawyer has not confirmed

The lawyer checks

  • Whether Division 6 applies at all: the date of the act or omission, the type of claim and the scheme exclusions in s 50A(3)
  • The discoverability date under s 50D and the earliest expiry of the 3-year and 12-year periods
  • Whether ss 50E or 50F change the dates, or an extension under s 62A is needed
  • Any separate pre-action notice requirements or shorter scheme time limits for the defendant or the claim type

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

Authorities

Read the full text

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