Personal Injury | By Lawyers
Skip to main content

Personal Injury

NSW

This publication helps practitioners advise and represent clients in common law personal injury claims under the Civil Liability Act in New South Wales.

3 Matter Plans

Overview

The commentary covers all aspects of claims, including the principles of liability, commencing or defending claims, negotiating and settling claims, evidence, assessing damages and proceedings in the District or Supreme Court.

The Reference materials folder includes guidance on electronic signing and witnessing, and the comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Also included is 101 Subpoena Answers, which is a useful reference guide.

Precedents in this publication include:

  • Letters to clients, insurers, doctors, and relevant authorities gathering information;
  • Medical authorities;
  • Instructions to settle;
  • Example content for pleadings, schedule of damages, and other documents.
Icon

3 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Personal Injury (NSW) - Acting for the Plaintiff
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Looking to the Future
    • Item icon Electronic Signing and Witnessing
    • Item icon Medical Glossary
    • Item icon 101 Subpoena Answers
    • Item icon 101 Costs Answers
    • Folder icon Papers and articles - Litigation
      • Item icon Improving written submissions - A paper by Judge Alan Troy
      • Item icon Plain language – A paper by the Hon. Michael Kirby AC CMG
    • Folder icon Demonstrating the use of precedents
      • Item icon Demonstrating the Use of Precedents
        To demonstrate the range of precedents available in the guide and to illustrate how they can be adapted to a particular matter, one set of precedents are based on a set of facts in a debt recovery that escalates when a cross-claim is brought alleging a course of conduct between the parties and a ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Demonstration - Letter of demand
      • Item icon Demonstration - Response to letter of demand
      • Item icon Demonstration - Pleadings and particulars
      • Item icon Demonstration - Request for further and better particulars
      • Item icon Demonstration - Defence
      • Item icon Demonstration - Affidavit of defendant
      • Item icon Demonstration - Cross-claim or counterclaim
      • Item icon Demonstration - Defence to cross claim or counterclaim
      • Item icon Demonstration - Calderbank offer
      • Item icon Demonstration - ADR order - Referral to mediation
      • Item icon Demonstration - Mediation position paper - Plaintiff
      • Item icon Demonstration - Mediation position paper - Defendant
      • Item icon Demonstration - Consent orders
      • Item icon Demonstration - Deed of release - Settlement of proceedings
    • Item icon Further information
  • Item icon Overview and limitation periods
    Overview This Personal Injury guide concentrates upon negligence claims to which the provisions of the Civil Liability Act 2002 (the Act) apply, the questions and considerations that should be taken into account for a claimant and the steps necessary to get the claim underway and progress it to ...

    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon A. Getting the matter underway
    • Item icon Legislation
      The Civil Liability Act applies to civil liability whether arising in tort, contract, or under statute: see ss 5A(1), 28 and 40. Some types of claims are specifically excluded from operation of the provisions of the Act by s 3B. These are:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon File cover sheet - Personal injury - Acting for the plaintiff
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Item icon Retainer instructions - Personal injury claim - Acting for the plaintiff
    • Item icon Conflict of interest check
    • Item icon Initial letter to client - Personal injury - Acting for the plaintiff
    • Item icon Costs agreement - NSW
    • Item icon Conditional costs agreement - NSW
    • Item icon Conditional costs agreement - Uplift fee - NSW
    • Item icon Scope of work - Personal injury claim - Acting for the plaintiff
    • Item icon Standard costs disclosure form for clients - Fees under $3000
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Item icon Taking instructions from personal injury claimants
      A client will present either specifically because they want to receive advice about an injury that they or a family member have suffered in an accident, or they will be seeking advice about an entirely different matter and happen to mention difficulties that they are having due to an injury that ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Components of a successful claim
      Basically, a claimant must demonstrate harm that has been caused by another party’s breach of a duty of care or breach of a statutory duty owed to the claimant. This means that the important threshold questions must be satisfactorily addressed:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Capacity, consent and authority
      Persons under legal incapacity require a tutor In personal injury cases it is not uncommon for the client to be a person under legal incapacity as defined in s 3 of the Civil Procedure Act 2005 and r 7.13 of the Uniform Civil Procedure Rules 2005 (UCPR). This may be either because they ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon If required - Capacity, consent and authority
      • Item icon Consent to act as tutor
    • Item icon Authority for medical records - General
    • Item icon Initial letter to defendant seeking information - Concise
    • Item icon Alternate initial letter to defendant seeking information - Extensive
    • Item icon Duty of care
      General principles Section 5B of the Act provides that a person is not negligent, and therefore not liable to another person, unless the risk of harm being suffered by that other person was:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Damages
      Part 2 of the Civil Liability Act The Act sets out certain thresholds and limits that apply to damages payable for harm suffered by a claimant.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon If required - Not proceeding
      • Item icon Letter to plaintiff non-engagement
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Supporting and preparing the claim
    • Item icon Gathering factual evidence
      It is important to gain a firm understanding of what the factual evidence relevant to liability and consequent loss is likely to be before:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Obtaining expert opinion
      It will be necessary to obtain reports from medical practitioners in relation to damages, or quantum, and possibly reports from other independent experts in relation to liability. Ensure all experts are provided with a copy of the Expert Witness Code of Conduct. Various precedent letters for ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon Client
      • Item icon Letter to plaintiff seeking documents and advice on medicals and investigation
      • Item icon Letter to plaintiff advising of medical appointment
      • Item icon Letter to plaintiff on mitigation of damages
      • Item icon Letter to plaintiff on claim for domestic assistance
    • Folder icon Ambulance
      • Item icon Authority for ambulance service records
      • Item icon Letter to ambulance service for reports with authority and fees
    • Folder icon Centrelink
      • Item icon Centrelink - Authority to release personal information - personal injury, insurance, superannuation or other matter
      • Item icon Letter to Centrelink with FOI form for details of benefits
      • Item icon Centrelink - Freedom of Information - request to access or change document(s)
    • Folder icon Doctor and specialist
      • Item icon Authority for medical records - General
      • Item icon Authority for medical records - Specific
      • Folder icon Doctor
        • Item icon Initial letter to treating doctor for report
        • Item icon Letter to doctor seeking time for payment
        • Item icon Irrevocable authority to pay doctor
        • Item icon Letter to treating doctor seeking report
        • Item icon Letter to other side serving expert report
        • Item icon Expert witness code of conduct
      • Folder icon Specialist
        • Item icon Letter to specialist doctor for report on permanent impairment
        • Item icon Letter to specialist doctor for report
        • Item icon Expert witness code of conduct
    • Folder icon Employer
      • Item icon Authority to employer to provide loss of income details
      • Item icon Letter to employer for income details
    • Folder icon Hospital
      • Item icon Authority for hospital report
      • Item icon Letter to hospital for clinical notes and report with authority and fees
      • Item icon Request under the FOI Act - Hospital
    • Folder icon Medicare
      • Item icon Letter to Medicare for details of payments with authority
      • Item icon Medicare compensation recovery - Medicare history statement request
      • Item icon Medicare Australia - Request for Medicare claims information
      • Item icon Medicare Australia - Request for Pharmaceutical Benefits Scheme claims information
      • Item icon Medicare compensation recovery - Third party authority (no bar code)
      • Item icon Medicare compensation recovery - Section 23A statement
    • Folder icon Police
      • Item icon Authority for police reports
      • Item icon Letter to police for report
    • Folder icon ATO
      • Item icon Letter to ATO for information
    • Item icon Briefing counsel
      Briefing counsel experienced in personal injury claims is usually appropriate, preferably at an early stage, rather than just before trial. This helps the claim to be properly pleaded, prepared and presented, as counsel will identify any difficulties in the claim, or evidentiary deficiencies, that ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Brief to counsel - Injuries
    • Item icon Example content - Brief to counsel - Injuries
    • Item icon Initial letter to defendant making claim
    • Item icon Initial letter to defendant's insurer making claim
  • Folder icon C. Settling the matter
    • Item icon Costs disclosure before settlement
      See 101 Costs Answers for more information on costs disclosure generally. In litigation matters, the lawyer’s disclosure obligation extends to giving the client a reasonable estimate of the costs that will be payable if the matter is settled, including any costs of another party that are likely to ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
    • Item icon Settling a case
      Most claims will be the subject of informal settlement discussions and will also be required to be the subject of mediation before being allocated a hearing date. It is imperative that instructions are obtained from the client about resolution of the claim that are validly based and informed. To ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Structured settlements
      A structured settlement is an agreement that provides for the payment of an award of damages in the form of periodic payments funded by an annuity or other agreed means: s 22 of the Civil Liability Act. The Act states that, contrary to what appears to be current common practice, plaintiffs ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Instructions to settle
    • Item icon Authority and instructions to negotiate party-party costs
    • Item icon Authority to receive - Direction to pay
    • Item icon Authority and instructions for payment of settlement or award
    • Item icon Lump sum damages and social security entitlements
      Legislation relevant to social security entitlements and lump sum compensation and damages provides that, if a person has been compensated for loss of income, they should use that money to live off rather than receive a taxpayer-funded payment. Lump sum compensation payments are treated on the ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Deductions and preclusions
      Before seeking instructions to settle or to proceed to an assessment of the claim, it is very important to obtain a full and detailed summary of all amounts which are likely to be deducted from any sum payable to the claimant. This may include:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to plaintiff with Medicare authority
    • Item icon Letter to plaintiff to complete Medicare statement and electronic funds transfer forms
    • Item icon Summary of medical expenses
  • Folder icon D. Going to court
    • Item icon Jurisdiction and court procedures
      The District Court has a jurisdictional limit up to $750,000 for personal injury claims other than for motor accident injury claims; claims that are likely to exceed this limit should be brought in the Supreme Court. If a claim is remitted from the Supreme Court back to the District Court, the ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Solicitor’s obligation
      A solicitor must have reasonable grounds to believe that a claim has reasonable prospects of success before commencing court proceedings on a client’s behalf. Specifically, cl 4(2) of Schedule 2 of the Legal Profession Uniform Law Application Act 2014 provides:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Statement of claim and particulars
      Part 4, Part 14 and Part 15 of the Uniform Civil Procedure Rules File the Statement of Claim, and the number of copies necessary to serve each defendant plus one copy to be retained on the file, in the registry of the court with the correct filing fee.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Statement of claim - filing party legally represented
    • Item icon Statement of particulars - Personal injury proceedings
    • Folder icon Library of pleadings
      • Item icon Example content - Statement of claim - Against company for slipping on premises
      • Item icon Example content - Statement of claim - Against council misfeasance of footpath repairs
      • Item icon Example content - Statement of claim - Against manufacturer, supplier and employer
    • Item icon Schedule of medical reports
    • Item icon Schedule of witnesses
    • Item icon Court mention sheet
    • Item icon Consent to act as tutor
    • Folder icon Library of UCPR forms
      • Item icon Acknowledgement of liquidated claim
      • Item icon Affidavit
      • Item icon Affidavit of debt
      • Item icon Affidavit of service
      • Item icon Appearance
      • Item icon Application to postpone, remit or waive payment of a court fee
      • Item icon Arbitrators award and registrars notice
      • Item icon Arrest warrant
      • Item icon Charging order
      • Item icon Consent judgment or consent order
      • Item icon Consent to act as tutor
      • Item icon Cross-summons
      • Item icon Defence
      • Item icon Defence - filing party acting in person or by authorised officer
      • Item icon Defence - No verification
      • Item icon Document in accordance with schedule 10 Rule 1.26 of the Uniform Civil Procedure Rules 2005
      • Item icon Election for trial by jury in defamation proceedings
      • Item icon Examination notice - Corporation
      • Item icon Examination notice - Individual
      • Item icon Examination order
      • Item icon Exhibit certificate
      • Item icon Expert witness code of conduct
      • Item icon Garnishee order for debts
      • Item icon Garnishee order for rent
      • Item icon Garnishee order for wages or salary
      • Item icon Garnishee's statement that no debt due or accruing or no wage or salary payable
      • Item icon General form
      • Item icon Indemnity Certificate
      • Item icon Instalment order and notice
      • Item icon Interrogatories
      • Item icon Judgment or order
      • Item icon List of documents
      • Item icon List of parties
      • Item icon Notice disputing facts and authenticity of documents
      • Item icon Notice of ceasing to act
      • Item icon Notice of change of address for service
      • Item icon Notice of change of solicitor or appointment of solicitor
      • Item icon Notice of contention (Parts 49 or 50)
      • Item icon Notice of discontinuance
      • Item icon Notice of intention to elect trial by jury in defamation proceedings
      • Item icon Notice of intention to file notice of ceasing to act
      • Item icon Notice of motion
      • Item icon Notice of motion - Arrest warrant for examination
      • Item icon Notice of motion - Default judgment for detention of goods
      • Item icon Notice of motion - Default judgment for liquidated claim
      • Item icon Notice of motion - Default judgment for unliquidated damages
      • Item icon Notice of motion - Default judgment on claim for possession of land
      • Item icon Notice of motion - Examination order
      • Item icon Notice of motion - Garnishee order
      • Item icon Notice of motion - Objection to instalment order or order refusing instalment application
      • Item icon Notice of motion - rehearing after arbitration
      • Item icon Notice of motion - Writ for possession of land
      • Item icon Notice of motion - Writ for the delivery of goods
      • Item icon Notice of motion - Writ for the levy of property
      • Item icon Notice of motion to pay by instalments - Corporation
      • Item icon Notice of motion to pay by instalments - Individual
      • Item icon Notice of payment
      • Item icon Notice of removal of solicitor
      • Item icon Notice to admit facts and authenticity of documents
      • Item icon Notice to occupier
      • Item icon Notice to plead facts - Money claims
      • Item icon Notice to produce for inspection
      • Item icon Notice to produce to court
      • Item icon Order for production
      • Item icon Possession of land coversheet
      • Item icon Plaintiff's affidavit used in family provision matters - Practice note no. SC Eq 7
      • Item icon Registrar's examination - Corporation
      • Item icon Registrar's examination - Individual
      • Item icon Reply
      • Item icon Registration or filing of certificate of judgment or order
      • Item icon Reply - No verification
      • Item icon Request for service abroad of judicial documents and certificate
      • Item icon Scott schedule
      • Item icon Statement of cross-claim
      • Item icon Statement of cross-claim - No verification
      • Item icon Statement of issues
      • Item icon Statement of claim - filing party in person or by authorised officer
      • Item icon Statement of claim - filing party legally represented
      • Item icon Statement of liquidated claim
      • Item icon Statement of claim - No verification
      • Folder icon Statement of liquidated claim - for use with many invoices or payments
        • Item icon Statement of liquidated claim - No verification and no tables
        • Item icon Table of invoices table of interest for use in no table SOC
        • Item icon Statement of liquidated claim - No tables
      • Item icon Statement of liquidated claim - No verification
      • Item icon Statement of liquidated cross-claim
      • Item icon Statement of liquidated cross-claim - No verification
      • Item icon Statement of particulars - Compensation to relatives
      • Item icon Statement of particulars - Personal injury proceedings
      • Item icon Submitting Appearance
      • Item icon Subpoena to attend to give evidence
      • Item icon Subpoena to attend to give evidence and to produce with subpoena notice and declaration
      • Item icon Subpoena to produce with subpoena notice and declaration
      • Item icon Summons
      • Item icon Summons (Judicial Review)
      • Item icon Timetable
      • Item icon Witness statement
      • Item icon Writ for levy of property
      • Item icon Writ of delivery
      • Item icon Writ of possession
      • Folder icon Adoption
        • Item icon Affidavit of service of notice of application for adoption order and-or consent dispense order
        • Item icon Affidavit of birth parent
        • Item icon Affidavit of intended parent
        • Item icon Affidavit of referee
        • Item icon Appearance
        • Item icon Order (adoption and approval of adoption plans)
        • Item icon Order (adoption and registration of adoption plans)
        • Item icon Summons for adoption
      • Folder icon Court of Appeal
        • Item icon General form
        • Item icon Notice of appeal
        • Item icon Notice of intention to appeal
        • Item icon Summons seeking leave to appeal
      • Folder icon Land and Environment Court
        • Item icon General form
        • Item icon Application - Classes 1, 2 or 3
        • Item icon Tree dispute claim details (damage to property or injury to a person)
      • Folder icon Probate / Letters of Administration
        • Item icon Acknowledgement under s83 of the Probate Act
        • Item icon Administration bond
        • Item icon Affidavit
        • Item icon Affidavit as to de facto relationship
        • Item icon Affidavit confirming service of notice of proceedings
        • Item icon Affidavit that deceased was NOT in a de facto relationship
        • Item icon Affidavit of additional assets and or liabilities
        • Item icon Affidavit of applicant for administration
        • Item icon Affidavit of applicant for administration with the will annexed
        • Item icon Affidavit of applicant for resealing
        • Item icon Affidavit of attesting witness
        • Item icon Affidavit of consent to distribution of a gift
        • Item icon Affidavit of executor
        • Item icon Affidavit of surety
        • Item icon Affidavit relating to domestic partnership
        • Item icon Annexure tear sheet
        • Item icon Answer to notice to apply for administration
        • Item icon Answer to notice to apply for probate
        • Item icon Application to publish Notice of intended distribution of an estate
        • Item icon Application for exemplification
        • Item icon Breakdown and codes for grant of probate, letters of administration or letters of administration with the will annexed
        • Item icon Caveat
        • Item icon Consent of affected person
        • Item icon Consent to administration
        • Item icon Grant of probate, letters of administration or letters of administration with the will annexed
        • Item icon Deed of appointment of executor or administrator
        • Item icon Inventory of property
        • Item icon Notice of appointment of executor or administrator
        • Item icon Notice of filing of accounts
        • Item icon Notice of intended application for administration where there may be a de facto spouse or domestic partner
        • Item icon Notice of intended distribution
        • Item icon Notice of intended objection to accounts and or commission
        • Item icon Notice of motion for order passing accounts and for commission
        • Item icon Notice of objection to appointment of executor or administrator
        • Item icon Notice of proceedings
        • Item icon Notice of withdrawal of caveat
        • Item icon Notice to affected persons
        • Item icon Notice to apply for administration
        • Item icon Notice to apply for probate
        • Item icon Opt out notice
        • Item icon Plaintiff's affidavit used in family provision matters - Practice note no. SC Eq 7
        • Item icon Renunciation in favour of NSW Trustee & Guardian
        • Item icon Renunciation of probate
        • Item icon Reseal
        • Item icon Summons for administration
        • Item icon Summons for administration with the will annexed
        • Item icon Summons for probate
        • Item icon Summons for reseal
    • Item icon Clause - Generative AI disclosure
    • Item icon Clause - Generative AI disclosure with annexure or exhibit
  • Folder icon E. If required - District Court
    • Item icon Commencing proceedings
      Proceedings should only be commenced when they are fully ready to proceed. Be sure the relevant impairment threshold for damages for non-economic loss has been reached and there is a medical report to support it.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Proposed consent orders
      The plaintiff must serve proposed consent orders for the preparation of the case on the defendant with the Statement of Claim. If the defendant does not agree with the proposed orders or wants to add additional steps, then they must serve amended consent orders on the plaintiff’s solicitor at least ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to plaintiff with copy statement of claim and timetable
    • Item icon Letter to defendant serving statement of claim and timetable
    • Item icon Letter to defendant serving statement of particulars
    • Item icon Letter to defendant's insurer serving statement of particulars
    • Item icon Representation
      If a party is legally represented, a legal practitioner with adequate knowledge of the case must represent that party whenever the case is listed before the court.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Timetable
    • Item icon General form
    • Item icon Example content - Memorandum of consent to jurisdiction
    • Item icon Pre-trial conference
      The court will allocate a pre-trial conference date when the Statement of Claim is filed. The plaintiff must notify the defendant of the date and time when the Statement of Claim is served. The pre-trial conference is held two months after commencement of proceedings.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Civil Liability Act - Case management information - Pre trial conference
    • Item icon Subpoenas, motions and summonses
      Subpoenas Parties must issue subpoenas as early as possible so that documents can be produced and inspected and are available for the proper preparation of the case, including submission to experts. For more information about subpoenas see the 101 Subpoenas Answers guide.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon Subpoenas
      • Item icon Subpoena to produce with subpoena notice and declaration
      • Item icon Subpoena to attend to give evidence
      • Item icon Subpoena to attend to give evidence and to produce with subpoena notice and declaration
      • Item icon Letter serving subpoena to produce
      • Item icon Letter to witness serving subpoena to give evidence
      • Item icon Letter to doctor serving subpoena
      • Item icon Letter to defendant's doctor serving subpoena
      • Item icon Subpoenaed documents application to remove District Court
    • Item icon Status conference
      Within its standard practice note, it is stated that the District Court aims to have all cases completed within 12 months of commencement. Most cases will therefore be required to take a hearing date within a period between 8 and 11 months from commencement. Matters allocated a hearing date ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Civil Liability Act - Case management information - Status conference or directions hearing
    • Item icon Alternative dispute resolution – District Court
      The court will refer all appropriate cases for alternative dispute resolution under Part 4 of the Civil Procedure Act. The parties must have instructions about suitability for mediation, arbitration or other alternative dispute resolution when they ask for a hearing date. In most cases, it is ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Directions hearings and show cause hearings
      At any stage, the court may refer a case to a directions hearing before the civil list judge or the judicial registrar. If a case is not ready for hearing at the status conference it will be referred for directions. Any order to provide statements or file affidavits must be strictly complied with. ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to plaintiff advising of hearing date
    • Item icon Letter to police officer advising of hearing date
    • Item icon Letter to witness confirming suitability of proposed hearing dates
    • Item icon Letter to doctor for final report for hearing
    • Item icon Letter to defendant's insurer serving their documents on them so they may be tendered
    • Item icon Example content - Offer of compromise
    • Item icon Letter to defendant's insurer with offer of compromise
    • Item icon Letter to defendant's insurer - Calderbank offer
    • Item icon Adjournments
      The court will only grant adjournment applications where there are very good reasons. The failure to comply with orders will normally not be a reason for adjournment. Parties who breach orders may be restricted in the evidence that they can rely on at the hearing. An application for adjournment of ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Submission on damages by plaintiff
    • Item icon Settled matters
      Until terms of settlement, consent orders or a notice of discontinuance are filed, the parties must attend when the case is listed before the court.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Consent judgment or consent order
    • Item icon Judgment or order
    • Item icon Notice of motion - rehearing after arbitration
    • Item icon Registration or filing of certificate of judgment or order
  • Folder icon F. If required - Supreme Court
    • Item icon Commencing proceedings
      Proceedings should only be commenced when they are fully ready to proceed. Be sure the relevant impairment threshold for damages for non-economic loss has been reached and there is a medical report to support it.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon General form
    • Item icon Letter to plaintiff with copy statement of claim and documents
    • Item icon Letter to defendant serving statement of claim and documents
    • Item icon Letter to defendant serving statement of particulars
    • Item icon Letter to defendant's insurer serving statement of particulars
    • Item icon Example content - Schedule of damages and issues
    • Item icon Chronology form
    • Item icon Statement of issues
    • Item icon Notice of motion - rehearing after arbitration
    • Item icon Directions hearings
      Proceedings in the list will generally be managed by way of directions hearings. The first directions hearing will be appointed for approximately three months after proceedings are entered in the list. The date of the first directions hearing will be given by the registry in a notice issued at the ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Expert witnesses in personal injury actions
      The court is concerned about the number of experts often expected to give evidence in personal injury cases. The practice of having a large number of experts, medical and otherwise, whose opinions may be overlapping and whose reports either are not used or are of little assistance to the court when ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Alternative dispute resolution – Supreme Court
      If the matter appears to the court to be appropriate for resolution by mediation or arbitration, the court will refer the proceedings for mediation or arbitration. With this in mind, it is common practice for the parties’ solicitors to arrange a mediation once the service of evidence is concluded.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Variation of directions and timetable
      Case management directions given at a directions hearing and times set for compliance with any direction may be varied:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Listing for hearing
      When ready for trial, for proceedings in which a claim is made for damages for personal injury or disability, standard directions are deemed to have been made, unless the court otherwise orders. For further information about conducting a matter in either the District Court or Supreme Court, please ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Subpoenas, motions and summonses
      Subpoenas Parties must issue subpoenas as early as possible so that documents can be produced and inspected and are available for the proper preparation of the case, including submission to experts. For more information about subpoenas see the 101 Subpoenas Answers guide.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon Subpoenas
      • Item icon Subpoenas, motions and summonses
        Subpoenas Parties must issue subpoenas as early as possible so that documents can be produced and inspected and are available for the proper preparation of the case, including submission to experts. For more information about subpoenas see the 101 Subpoenas Answers guide.

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Subpoena to produce with subpoena notice and declaration
      • Item icon Subpoena to attend to give evidence
      • Item icon Subpoena to attend to give evidence and to produce with subpoena notice and declaration
      • Item icon Letter to witness serving subpoena to give evidence
      • Item icon Letter serving subpoena to produce
      • Item icon Letter to doctor serving subpoena
      • Item icon Letter to defendant's doctor serving subpoena
    • Item icon Clause - Short minutes of order
    • Item icon Judgment or order
    • Item icon Consent judgment or consent order
    • Item icon Registration or filing of certificate of judgment or order
  • Folder icon G. Finalising the matter
    • Item icon When the case is over
      After the hearing the case is not over, and the file is not dead the very second that the judge leaves the bench! Do not give in to the temptation to chuck all notes and documents in a box and wave goodbye to the client. The file, which has inevitably been torn apart in court in response to ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon If required - Medicare and Centrelink
      • Item icon Medicare compensation recovery - Notice of judgment or settlement
      • Item icon Medicare compensation recovery - Section 23A statement
      • Item icon Medicare compensation recovery - Bank account details collection (no bar code)
      • Item icon Centrelink - Compensation advice of lump sum payments
    • Item icon Authority to receive - Direction to pay
    • Item icon Letter to client finalising the matter
    • Item icon Example invoice incorporating notification of client's rights - NSW
    • Item icon Invoice recital - Injuries, works compensation, victims support
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

Our Authors

A team of legal professionals contribute to By Lawyers' publications, all helping to ensure that content is updated regularly to reflect changes in legislation, practice, and procedure.

Meet Our Authors
Authors