Tools: Difference between revisions

Latest revision as of 00:00, 15 October 2026

When I asked my solicitor how loss of income is calculated the closest answer to explanation was "it is complicated". From what I learned later is that it is simple and straight forward. These tools are based on my experience.

While we put our best effort to ensure that calculation is correct we are not specialist in this area, so please have it checked by specialist before using calculators results in your matter.

Calculators (examples):

User restricted:

Income loss calculator

Income loss calculator estimates past and future loss of income after a motor vehicle injury.

The calculator uses the personal injury date to select the applicable NSW motor-accident scheme:

Injuries before 1 December 2017 use the Motor Accidents Compensation Act 1999.
Injuries on or after 1 December 2017 use the Motor Accident Injuries Act 2017.

The result is an estimate only. It does not determine the amount that a court, insurer or Personal Injury Commission will ultimately award.

Information entered into the calculator

Field	Description	How it is used
Personal injury date	The date of the accident or injury.	Automatically selects the applicable legal regime.
Income before personal injury	Income earned before the injury.	Converted to a weekly amount.
Income after personal injury	Current or expected income after the injury.	Converted to a weekly amount and deducted from the pre-injury income.
Income period	Weekly, monthly or yearly.	Monthly income is converted using `income × 12 ÷ 52`. Yearly income is converted using `income ÷ 52`.
Calculation date	The date separating past loss from projected future loss.	If empty, today's date is used.
End date	Recovery date or retirement date.	Determines how long the future loss is projected.
Recovery date	The date income loss is expected to end.	If empty, the calculation continues to today's date.
Birth date and retirement age	Used when the retirement option is selected.	The retirement date is calculated from the birth date and selected retirement age.
Retirement date	A specific expected retirement date.	Used directly as the end date for future loss.

Calculation method

The basic weekly loss is calculated as:

Weekly loss = adjusted income before injury - income after injury

The calculator does not allow a negative weekly loss. If post-injury income is higher than pre-injury income, the weekly loss is treated as zero.

The final result is calculated as:

Total = past income loss + future income loss + estimated superannuation

The calculator currently adds an estimated 9% superannuation amount to the calculated income loss.

Pre-1 December 2017 calculation

For accidents before 1 December 2017:

Income is treated on a net income basis.
The calculator uses a weekly pre-injury income cap of $4,512.
Past loss is calculated as weekly loss multiplied by the number of past weeks.
Future loss is projected to the selected end date.
Future loss is discounted at 5% per year.
An estimated 9% superannuation amount is added.

The $4,512 cap and 5% discount rate are the values currently implemented in the calculator. The applicable statutory amount should be verified for the particular accident date and claim.

On or after 1 December 2017 calculation

For accidents on or after 1 December 2017:

Income is treated on a gross income basis.
Past loss is calculated as weekly loss multiplied by the number of past weeks.
Future weeks 1–13 use 95% of the weekly loss.
Future weeks 14 and later use 80% of the weekly loss in this calculator.
An estimated 9% superannuation amount is added.

The 95% first-period rate is based on section 3.6 of the Motor Accident Injuries Act 2017. The calculator uses a simplified projection for later future weeks and should not be treated as a complete assessment of statutory benefits or damages.

Important limitations

The calculator does not automatically account for:

contributory negligence;
changes in earning capacity;
promotions, unemployment or career changes;
tax adjustments;
statutory benefit limits and payment periods;
Medicare or Centrelink recoveries;
partial impairment;
vicissitudes or contingencies;
medical evidence; or
legal costs.

The calculation should be checked against the applicable legislation, regulations, guidelines and evidence for the particular claim.

Official sources

Interest calculator

Interest calculator estimates pre-judgment and post-judgment interest for a selected amount and date range.

The calculator applies simple interest separately to each NSW interest-rate period:

Interest = Amount × annual interest rate × number of days ÷ 365

Days are counted inclusively. Interest is not compounded.

Interest types

Pre-judgment interest applies to the period before judgment.
Post-judgment interest applies to the period after judgment.
The court may apply a different rate or decide that interest should not be awarded.

Source of the rates

The rate periods used by the calculator were taken from the project's interest-rate workbook and are stored in the calculator code in the INTEREST_RATE_PERIODS table.

The rates are checked against the official NSW court information:

For the period from 1 July 2026 to 31 December 2026, the rates are:

Pre-judgment: 8.35%
Post-judgment: 10.35%

Interest-rate table used by the calculator

Period	Pre-judgment rate	Post-judgment rate
1972-07-01 to 1973-12-31	5.00%	5.00%
1974-01-01 to 1980-12-31	10.00%	10.00%
1981-01-01 to 1981-06-30	13.50%	13.50%
1981-07-01 to 1982-06-30	14.50%	14.50%
1982-07-01 to 1983-12-31	15.50%	15.50%
1984-01-01 to 1985-12-31	14.50%	14.50%
1986-01-01 to 1986-06-30	18.25%	18.25%
1986-07-01 to 1987-10-31	19.50%	19.50%
1987-11-01 to 1988-02-29	18.00%	18.00%
1988-03-01 to 1989-02-28	15.00%	15.00%
1989-03-01 to 1989-08-31	17.00%	17.00%
1989-09-01 to 1990-08-31	21.00%	21.00%
1990-09-01 to 1991-02-28	19.00%	19.00%
1991-03-01 to 1991-08-31	17.00%	17.00%
1991-09-01 to 1992-02-28	15.00%	15.00%
1992-02-29 to 1992-08-31	13.00%	13.00%
1992-09-01 to 1993-08-31	11.25%	11.25%
1993-09-01 to 1995-02-28	10.50%	10.50%
1995-03-01 to 1997-02-28	12.00%	12.00%
1997-03-01 to 1997-08-31	10.50%	10.50%
1997-09-01 to 1998-08-31	10.00%	10.00%
1998-09-01 to 2000-02-29	9.50%	9.50%
2000-03-01 to 2000-08-31	10.00%	10.00%
2000-09-01 to 2001-08-31	11.00%	11.00%
2001-09-01 to 2002-02-28	10.00%	10.00%
2002-03-01 to 2006-12-31	9.00%	9.00%
2007-01-01 to 2009-03-05	10.00%	10.00%
2009-03-06 to 2010-06-30	9.00%	9.00%
2010-07-01 to 2010-12-31	8.50%	10.50%
2011-01-01 to 2011-06-30	8.75%	10.75%
2011-07-01 to 2011-12-31	8.75%	10.75%
2012-01-01 to 2012-06-30	8.25%	10.25%
2012-07-01 to 2012-12-31	7.50%	9.50%
2013-01-01 to 2013-06-30	7.00%	9.00%
2013-07-01 to 2013-12-31	6.75%	8.75%
2014-01-01 to 2014-06-30	6.50%	8.50%
2014-07-01 to 2014-12-31	6.50%	8.50%
2015-01-01 to 2015-06-30	6.50%	8.50%
2015-07-01 to 2015-12-31	6.00%	8.00%
2016-01-01 to 2016-06-30	6.00%	8.00%
2016-07-01 to 2016-12-31	5.75%	7.75%
2017-01-01 to 2017-06-30	5.50%	7.50%
2017-07-01 to 2017-12-31	5.50%	7.50%
2018-01-01 to 2018-06-30	5.50%	7.50%
2018-07-01 to 2018-12-31	5.50%	7.50%
2019-01-01 to 2019-06-30	5.50%	7.50%
2019-07-01 to 2019-12-31	5.25%	7.25%
2020-01-01 to 2020-06-30	4.75%	6.75%
2020-07-01 to 2020-12-31	4.25%	6.25%
2021-01-01 to 2021-06-30	4.10%	6.10%
2021-07-01 to 2021-12-31	4.10%	6.10%
2022-01-01 to 2022-06-30	4.10%	6.10%
2022-07-01 to 2022-12-31	4.85%	6.85%
2023-01-01 to 2023-06-30	7.10%	9.10%
2023-07-01 to 2023-12-31	8.10%	10.10%
2024-01-01 to 2024-06-30	8.35%	10.35%
2024-07-01 to 2024-12-31	8.35%	10.35%
2025-01-01 to 2025-06-30	8.35%	10.35%
2025-07-01 to 2025-12-31	7.85%	9.85%
2026-01-01 to 2026-06-30	7.60%	9.60%
2026-07-01 to 2026-12-31	8.35%	10.35%

The rates and official sources should be reviewed whenever NSW publishes a new interest-rate period.

Personal injury calculator

Personal Injury Calculator provides a preliminary estimate of damages, interest and separate claim costs for personal-injury matters.

The calculator has two calculation modes:

Statement of Claim Form 3B mode.
Other civil personal-injury claim mode.

Form 3B is a general statement-of-claim form and is not limited to motor vehicle claims.

The calculator is an estimate only. It does not determine whether a claim will succeed or what amount a court, insurer or tribunal will ultimately award.

Calculation modes

Mode	How it works
Statement of Claim Form 3B	Economic loss, non-economic loss and other damages are included in the amount of claim. Treatment and care amounts are shown separately as statutory-benefit review items unless they are added separately.
Civil personal-injury claim	Economic loss, non-economic loss, other damages and treatment and care damages are included in the amount of claim.

How the calculation works

The amount of claim is calculated as:

Amount of claim = Economic losses + Non-economic loss + Other damages

In civil personal-injury mode, treatment and care damages are also included:

Amount of claim = Economic losses + Non-economic loss + Other damages + Treatment and care damages

The final total is calculated as:

TOTAL = Amount of claim + Interest + Filing fees + Service fees + Solicitors fees

Interest and costs are separate from the damages breakdown.

Damages fields

Category	Fields included
Economic losses	Past loss of earnings, past superannuation, additional income tax, future economic loss and future superannuation.
Non-economic loss	Compensation for pain, suffering, loss of amenities of life and other non-economic effects of injury.
Other damages	Other damages that do not fit within the economic-loss fields.
Treatment and care	Past treatment, past gratuitous care, future gratuitous care, past paid care and future paid care.

Interest

Interest can be entered manually or calculated automatically.

When automatic interest is enabled:

the user enters the interest calculation amount;
the user selects the start date and end date;
the calculator uses NSW pre-judgment interest periods;
interest is calculated separately for each rate period;
days are counted inclusively; and
the result uses simple interest and does not compound interest.

The automatic interest calculation uses the same rate-period method as the Interest calculator.

More information is available at:

Separate costs

The following amounts are entered separately:

Filing fees paid to the court.
Service fees paid to serve documents on the defendant.
Solicitors fees charged under a costs agreement or other applicable costs arrangement.

These costs are added to the final total but are not part of the damages breakdown.

For court-specific jurisdiction and filing-fee calculations, use the Statement of Claim Form 3B calculator.

Legal framework

The applicable legal framework may include:

Important limitations

The calculator does not automatically determine:

liability or contributory negligence;
medical impairment;
future employment or career changes;
tax and benefit adjustments;
Medicare or Centrelink recoveries;
statutory benefit eligibility;
the correct court jurisdiction;
the amount of legal costs recoverable; or
the amount that will ultimately be awarded.

The calculation should be checked against the applicable legislation, evidence and professional legal advice.

Claim calculator

Calculator. Examples:

Personal injury claim: 2015-03-30 road traffic injury, calculation.
NSW court case against Peter Livers, calculation

Forms and applications

Form 3B – Statement of Claim

is the NSW court form used when the person filing the claim is acting in person rather than being legally represented.

The official PDF can be downloaded here:

Form 3B – Statement of Claim (official PDF)

Personal Injury Commission – Pathway Portal

Motor accident disputes before the Personal Injury Commission (PIC) are generally lodged through the Commission's online Pathway Portal. The portal is used to complete applications, upload supporting documents, communicate with the Commission and access information about the dispute.

Legal fees calculator

Legal fees calculator - estimates the legal fees that you can get back after completing your claim.

Any legal dispute may incur some costs. If you go to court or tribunal some legal fees often are covered by the party that loses. There is a strict regulation of maximum of reimbursed legal fees for personal injury claims. Unfortunately, Livers, my solicitor at that time, did not informed me at that time nor he submitted a request to compensate legal fees, so I got less than I was entitled to. To check what I got and what I could have got I created legal fees calculator.

Here is an example of use of legal fees calculator based on my case. There is a calculation of fees that I got and what I could have got if Livers, my solicitor, did his job.

The allowed maximums are based on Motor Accidents Compensation Regulation 2020.

Statement of claim calculator

Statement of Claim Form 3B calculator estimates the principal amount of a civil claim, interest and the main filing and service costs that may be associated with starting proceedings in NSW.

The calculator is based on the official Form 3B - Statement of Claim. It is an estimate only. It does not determine whether a claim will succeed, whether interest will be awarded, or which costs a court will ultimately allow.

How the calculator selects the court

The calculator uses the claim type and amount to select the likely court:

General civil claims up to $100,000: Local Court.
General civil claims above $100,000 and up to $1,250,000: District Court.
General civil claims above $1,250,000: Supreme Court.
Motor accident claims: District Court regardless of the amount claimed.
Work injury claims: District Court regardless of the amount claimed.

A District Court proceeding above $1,250,000 may be possible in limited circumstances, such as where the applicable consent or jurisdictional rule is satisfied. The correct court should be confirmed before filing.

The court selection made by the calculator is an initial estimate and is not legal advice.

How the total is calculated

The calculator adds the following amounts:

TOTAL = Amount of claim + Interest + Filing fees + Service fees + Solicitors fees

Amount of claim is the principal amount of damages claimed.
Interest is an estimated amount calculated from the claim amount and selected dates.
Filing fees are paid to the court when the claim is lodged.
Service fees are paid to serve the court documents on the defendant.
Solicitors fees are entered manually because they depend on the costs agreement, work performed and any costs order.

The calculator does not decide whether any amount will ultimately be awarded by the court.

Calculator fields

Field	Description	How the calculator uses it	Source
Amount of claim	The principal amount of damages claimed, before adding interest, filing fees, service fees or solicitors fees.	Used to calculate interest, select the likely court and calculate the total.	Form 3B - Statement of Claim
Claim type	General civil claim, motor accident claim or work injury claim.	Determines whether the Local Court, District Court or Supreme Court is likely to apply.	NSW District Court jurisdiction
Court	The court selected automatically from the claim type and amount.	General civil claims above $1,250,000 are directed to the Supreme Court by the calculator.	NSW court jurisdiction information
Filing party	The person or organisation filing the claim, such as an individual or corporation.	Filing fees differ between individuals and corporations.	District Court fees / Supreme Court fees
Interest	Estimated pre-judgment interest on the amount of the claim.	Uses the selected start date, end date and NSW published interest-rate periods. This is an estimate and interest is not automatically awarded.	NSW interest rates and Civil Procedure Act 2005, section 100
Filing fees	The fee paid to the court when the claim is lodged.	Calculated automatically according to the selected court and filing party. Court fees may change each financial year.	Local Court fees, District Court fees and Supreme Court fees
Service fees	The cost of serving the filed documents on the defendant.	May include NSW Sheriff service, Local Court postal service or a private process server quotation.	NSW Sheriff's Office fees
Solicitors fees	Estimated legal fees charged by a solicitor.	Entered manually because the amount depends on the costs agreement, work performed and any costs order.	Uniform Civil Procedure Rules 2005
Basis document links	Links to documents supporting the amount of claim or solicitors fees.	Users may paste links to spreadsheets, agreements, fee schedules or other supporting documents. These links do not affect the calculation.	User-provided supporting documents
Total	The amount of the claim plus interest, filing fees, service fees and solicitors fees.	Adds all amounts shown in the calculator.	This is an estimate and should be checked before filing.

Filing fees are paid to the court to lodge the claim. Service fees are paid to serve the court documents on the defendant. They are separate costs.

Current filing fee examples

The calculator currently uses the following originating-process filing fees:

Court	Individual	Corporation
Local Court - General Division	$370	$740
Local Court - Small Claims Division	$179	$358
District Court	$1,119	$2,240
Supreme Court	$1,443	$3,949

These rates are examples based on the current fee schedules. Court fees may change and the official fee schedule should always be checked before filing.

Service fee calculation

The service fee depends on the method selected:

NSW Sheriff: calculated by the number of addresses and attempts.
Local Court postal service: calculated by the number of addresses.
Private process server: the quoted or charged amount is entered manually.

Service fees are separate from filing fees and are not included in the court filing fee.

Official forms and information

PIC Document Bundle Creator

1. Overview

The Personal Injury Commission (PIC) of New South Wales requires supporting documents submitted with an application or reply to be organised into a document bundle.

These requirements apply to proceedings in both the Workers Compensation Division and the Motor Accidents Division, subject to any applicable exceptions or specific directions.

Legal references:

Personal Injury Commission Rules 2021 – Part 7, Division 2.
Procedural Direction PIC3 – Documents.

2. Mandatory Document Bundle Requirements

Under Rule 67 and Procedural Direction PIC3, paragraph 13, a document bundle must:

Be indexed: Include an index identifying the documents and their page locations.
Be sorted by document category: Group documents according to their nature, such as witness statements, medical reports and correspondence.
Be consecutively paginated: Pages must follow a continuous numerical sequence throughout the bundle.
Contain no duplicate material: A document must not appear more than once, and documents already lodged in the proceedings must not be lodged again.
Contain relevant documents: Supporting evidence must relate to the real issues in dispute.

All documents must be clear, sharp and legible.

Reference: Procedural Direction PIC3, paragraphs 8, 13 and 17–18.

3. Document Index

Procedural Direction PIC3, paragraph 14, recommends an index containing the following information:

Document	Author	Date of Document	Page No.
Witness Statements
Statement	Applicant	01/01/2026	1
Dispute Notices
Dispute Notice	Insurer	05/01/2026	8
Medical Reports
Independent Medical Report	Dr Smith	11/01/2026	12
Treating Doctor Report	Dr Jones	20/01/2026	25

The index does not need to have printed page numbers, but its pages count towards the applicable 500-page limit.

Reference: Procedural Direction PIC3, paragraph 14.

4. Recommended Document Order

Procedural Direction PIC3, paragraph 15, recommends arranging documents in the following order:

Witness statements from the claimant and other witnesses
Claim forms
Dispute notices
Schedule of damages
Schedule of earnings
Relevant correspondence
List of payments
Factual investigation reports
Medical reports
Medical investigation reports
Clinical notes
Financial records, including:
- Wage records
- Pay slips
- Bank statements
- Tax returns
- Award information

Chronological order: Documents within each category should be arranged from oldest to newest.

Important: This is the recommended order rather than a mandatory sequence for every type of proceeding.

Reference: Procedural Direction PIC3, paragraphs 15–16.

5. Pagination Requirements

All pages in the bundle must be numbered consecutively.

Pagination must continue across documents and categories.
Page numbering must not restart for each document.
The page references in the index should correspond to the actual numbered pages of the bundle.
The index itself does not have to be numbered.
The index counts towards the applicable page limit.

Reference: Personal Injury Commission Rules 2021, rule 67; Procedural Direction PIC3, paragraphs 13–14.

6. Maximum Bundle Size – 500 Pages

Under Rule 67B and Procedural Direction PIC12, a document bundle lodged with an initiating application or reply must generally not exceed 500 pages, unless an applicable exception applies.

The index is included in the page count.

Where a party wishes to introduce documents exceeding the limit, or additional documents after the initial bundle, an Application for Additional Documents is generally required.

Under Procedural Direction PIC12, an application for additional documents may ordinarily be made on one occasion only, subject to the applicable rules and directions.

Deadlines for Additional Documents

The relevant deadlines are generally:

Proceeding	Deadline
Medical assessment proceedings	No later than 14 days before the medical assessment
Other applicable proceedings	No later than 3 working days before the conference or hearing

Additional documents may require consent from the other parties or permission from the relevant decision-maker, depending on the circumstances.

Reference:

Personal Injury Commission Rules 2021, rules 67B–67C.
Procedural Direction PIC12.

7. Duplicate and Previously Lodged Documents

A document must not be included more than once in a bundle.

Documents previously lodged in the proceedings should not be lodged again.

If a party wishes to rely on a previously lodged document, the index should identify its existing location rather than including another copy.

Example:

A document already included at page 8 of an Application to Resolve a Dispute may be referenced as ARD 8.

Reference: Procedural Direction PIC3, paragraph 17.

8. Additional Requirements

8.1 Legibility

All submitted documents should be clear, sharp and legible.

Unreadable scans should be replaced with legible copies wherever possible.

8.2 Documents in Other Languages

Documents written in a language other than English must be accompanied by an English translation and a declaration in the approved form confirming the accuracy of the translation.

8.3 Statements and Supporting Evidence

Additional rules may apply to:

Witness statements
Medical evidence
Schedules of damages
Schedules of earnings

The applicable requirements depend on the division and type of dispute.

Reference: Procedural Direction PIC3, paragraphs 10–11 and 18–22.

9. Creating a PIC Document Bundle

The PIC Document Bundle Creator can assist with the preparation of an indexed and paginated document bundle.

Before lodging the final PDF, users should verify that:

Documents are relevant to the dispute.
Documents are correctly grouped and ordered.
Pages are consecutively numbered.
The index accurately identifies document locations.
Duplicate documents have been removed.
The applicable page limit has been observed.
All documents are legible.

The generated bundle should be reviewed against the applicable PIC Rules, Procedural Directions and any specific directions issued in the proceedings.

10. Document Bundle Compliance Checklist

Requirement	Status	Reference
Document index	Mandatory	PIC3, para 13
Documents grouped by category	Mandatory	PIC3, para 13
Consecutive pagination	Mandatory	Rule 67; PIC3, para 13
No duplicate documents	Mandatory	PIC3, para 17
Clear and legible documents	Mandatory	PIC3, para 18
General 500-page limit	Mandatory, subject to exceptions	Rule 67B; PIC12
Recommended category order	Recommended	PIC3, para 15
Chronological order within categories	Recommended	PIC3, para 16
Index columns: document, author, date, page	Recommended	PIC3, para 14
PDF bookmarks	Optional enhancement	Not identified as a general PIC3 requirement
Clickable index links	Optional enhancement	Not identified as a general PIC3 requirement

11. Official References

Local Court of NSW – Document Bundle Requirements

1. Overview

The Local Court of New South Wales regulates the preparation and service of documentary evidence through Practice Note Civ 1 – Case Management of Civil Proceedings.

The amended Practice Note commenced on 3 June 2024 and applies to civil proceedings in the Local Court.

The principal document bundle requirements are contained in Annexure A – General Division Standard Directions.

Official reference:

Local Court Practice Note Civ 1 (PDF)

2. Mandatory Document Bundle Requirements

Under Practice Note Civ 1, Annexure A, paragraphs 3(a) and 4(a), the standard directions require both the plaintiff and defendant to serve:

Relevant documents: The bundle must contain documents relevant to the proceedings.
Chronological organisation: Documents must be arranged chronologically.
Pagination: The bundle must be paginated.
Witness evidence: Affidavits or written witness statements must be served together with the bundle of relevant documents.
Timely service: Evidence must be served by the date specified in the Court's directions.

These requirements apply where the standard directions govern the proceedings, unless the Court orders otherwise.

Reference: Practice Note Civ 1, clause 13.3 and Annexure A, paragraphs 3–4.

3. Document Order

Annexure A requires a chronological and paginated bundle of relevant documents.

Documents should therefore be arranged according to their dates, from earliest to latest.

Example:

Document	Date	Page
Initial correspondence	05/01/2026	1
Invoice	12/01/2026	4
Payment receipt	20/01/2026	7
Medical report	02/02/2026	10
Further correspondence	15/02/2026	18

Important: Unlike PIC Procedural Direction PIC3, Practice Note Civ 1 does not prescribe a standard category sequence for document bundles.

Reference: Practice Note Civ 1, Annexure A, paragraphs 3(a) and 4(a).

4. Pagination Requirements

The document bundle must be paginated.

For practical compliance, the bundle should:

Have clearly identifiable page numbers.
Use a consistent numbering system.
Allow documents to be located by page reference.
Avoid ambiguous or repeated page references.

Important: Annexure A requires pagination but does not specify an exact pagination style, the location of page numbers or whether page numbering must be applied electronically.

Continuous numbering across the bundle is a recommended implementation method.

Reference: Practice Note Civ 1, Annexure A, paragraphs 3(a) and 4(a).

5. Document Index

Practice Note Civ 1 does not expressly require a formal document index in Annexure A.

However, an index is recommended to make the bundle easier to navigate.

Suggested index format:

No.	Document Description	Date	Start Page
1	Correspondence	05/01/2026	1
2	Invoice	12/01/2026	4
3	Payment receipt	20/01/2026	7
4	Medical report	02/02/2026	10

Status: Recommended practice, not an express index requirement of Practice Note Civ 1.

6. Relevant Documents and Duplicate Evidence

Under Practice Note Civ 1, clause 4.2, parties are required to ensure their evidence is:

Relevant.
Accurate.
Not duplicative.

The bundle should therefore contain only documents that assist in determining the real issues in dispute.

Unnecessary or repeated copies should be excluded.

Reference: Practice Note Civ 1, clause 4.2; Civil Procedure Act 2005, section 56.

7. Types of Documents

Annexure A adopts the meaning of a document under the Evidence Act 1995 (NSW).

Relevant material may include:

Letters and written correspondence.
Emails and SMS messages.
Agreements.
Notes and written records.
Invoices and receipts.
Payment records.
Bank statements.
Photographs.
Videos.
Other relevant documentary evidence.

Important: This list identifies possible forms of evidence. It does not mean every document type must be included in each bundle.

Reference: Practice Note Civ 1, Annexure A, explanatory note following paragraph 14.

8. Deadlines for Serving Document Bundles

Under the General Division standard directions, the plaintiff and defendant are required to serve witness evidence and the chronological, paginated bundle by the dates inserted into the Court's directions.

The standard directions indicate six weeks before the review date.

Party	Required Material	Standard Timing
Plaintiff / Cross-Defendant	Witness affidavits or statements and chronological, paginated bundle	6 weeks before the review date
Defendant / Cross-Claimant	Witness affidavits or statements and chronological, paginated bundle	6 weeks before the review date
Both parties	Expert reports for which leave has been granted	As specified in the directions, normally 6 weeks before the review date

Important: The actual dates in the Court's directions govern compliance. The Court may make different orders.

Reference: Practice Note Civ 1, Annexure A, paragraphs 3–4.

9. Serving Evidence vs Filing Evidence

There is an important distinction between serving evidence on another party and filing evidence with the Court.

Under Annexure A:

Parties must serve their evidence in accordance with the directions.
Parties must prepare sufficient copies for the Court and all parties.
Evidence must generally not be filed before the hearing unless the Court orders otherwise.
The Practice Note provides a specific exception for certain single expert and joint expert reports.

Reference: Practice Note Civ 1, Annexure A, paragraphs 5–7.

10. Online Court and Electronic Documents

Under Practice Note Civ 1, clause 48:

Documents may be attached to Online Court requests or messages.
Attachments are visible to the parties and the registrar.
Documents requiring formal filing should be filed through the Online Registry Website (ORW), rather than through the Online Court messaging process.

Uploading a document as an Online Court message does not replace a required formal filing.

Reference: Practice Note Civ 1, clauses 48.1–48.2.

11. Small Claims Division

The Small Claims Division follows a different case management process from the General Division.

At the pre-trial review, if proceedings do not settle, the parties must identify the issues in dispute and disclose, as far as known, the witness statements and documents on which they intend to rely.

The General Division's Annexure A bundle directions should not automatically be treated as mandatory directions for every Small Claims proceeding.

Reference: Practice Note Civ 1, Part C, clause 23.6.

12. Document Bundle Compliance Checklist

Requirement	Status	Reference
Chronological document order	Required under applicable standard directions	Annexure A, paras 3–4
Paginated document bundle	Required under applicable standard directions	Annexure A, paras 3–4
Relevant evidence	Required	Clause 4.2
Accurate evidence	Required	Clause 4.2
Avoid duplicate evidence	Required	Clause 4.2
Serve documents by directed date	Required	Annexure A, paras 3–4
Sufficient copies of evidence	Required under standard directions	Annexure A, para 5
Document index	Recommended	Not expressly specified in Annexure A
Continuous page numbering	Recommended implementation	Annexure A requires pagination
PDF bookmarks	Optional enhancement	Not specified in Practice Note Civ 1
Clickable index	Optional enhancement	Not specified in Practice Note Civ 1
Fixed maximum page count	Not specified in Practice Note Civ 1	Subject to other applicable rules or directions

13. Official References

Local Court Practice Note Civ 1
Civil Procedure Act 2005 (NSW), section 56.
Uniform Civil Procedure Rules 2005 (NSW).
Evidence Act 1995 (NSW).

District Court of NSW – Court Book Requirements

1. Overview

The District Court of New South Wales regulates civil case management and the preparation of evidence through District Court Civil Practice Note 16 – Case Management in the General List.

This Practice Note applies to General List proceedings in the Sydney, Gosford and Newcastle registries from 21 July 2025.

The principal Court Book requirement appears in Annexure A – Standard Orders for Hearings, paragraph 12.

Official reference:

District Court Civil Practice Note 16 (PDF)

2. Mandatory Court Book Requirements

Under Practice Note 16, Annexure A, paragraph 12, where a party intends to prepare a Court Book for tender at the hearing:

Relevant documents only: The Court Book must be limited to documents specifically relevant to that party's case.
Avoid duplication: Duplication of documents must be avoided as far as possible.

Important: The provision is conditional. It regulates the contents of a Court Book if one is prepared, rather than expressly requiring a Court Book in every proceeding.

Reference: Practice Note 16, Annexure A, paragraph 12.

3. Document Selection

The Court Book should contain documents that directly support the issues to be determined at the hearing.

Potentially relevant documents may include:

Contracts and agreements.
Correspondence.
Witness statements and affidavits.
Medical reports.
Expert reports.
Financial documents.
Invoices and receipts.
Photographs.
Other documents relevant to the proceedings.

Important: This is an illustrative list, not a prescribed sequence or mandatory set of document categories.

Documents should be reviewed for relevance before inclusion.

Reference: Practice Note 16, Annexure A, paragraph 12.

4. Duplicate Documents

Practice Note 16 expressly requires duplication in a Court Book to be avoided as far as possible.

Recommended preparation steps include:

Identifying repeated documents.
Retaining one appropriate copy of each document.
Avoiding inclusion of the same report in multiple sections.
Checking documents that may appear in both parties' proposed evidence.

Reference: Practice Note 16, Annexure A, paragraph 12.

5. Court Book Index

Practice Note 16 does not expressly prescribe a formal Court Book index format in Annexure A.

However, preparing an index is recommended to assist the Court and parties in locating documents.

Suggested index format:

No.	Document Description	Date	Start Page
1	Statement of Claim	05/01/2026	1
2	Relevant correspondence	12/01/2026	8
3	Medical report	20/01/2026	15
4	Expert report	02/02/2026	28
5	Financial records	10/02/2026	42

Status: Recommended practice, not an express requirement of Annexure A, paragraph 12.

Any case-specific directions requiring a particular index must be followed.

6. Document Order

Practice Note 16 does not prescribe a universal chronological or category-based order for Court Books.

Two possible organisational approaches are:

6.1 Chronological Order

Documents may be arranged from earliest to latest.

This can be useful where the sequence of events is central to the dispute.

6.2 Category-Based Order

Documents may alternatively be grouped according to their purpose.

For example:

Pleadings.
Witness evidence.
Correspondence.
Medical evidence.
Expert evidence.
Financial records.
Other documentary evidence.

Important: These are suggested organisational methods, not an order prescribed by Practice Note 16.

Court-specific directions take precedence.

7. Pagination Requirements

Practice Note 16, Annexure A, paragraph 12, does not expressly prescribe a particular Court Book pagination format.

Nevertheless, consistent pagination is recommended to make documents easier to reference during a hearing.

Recommended practices include:

Using continuous page numbering.
Including page references in the index.
Ensuring every document can be located by page number.
Avoiding ambiguous or duplicate page references.

Status: Recommended practice unless required by another applicable rule or Court order.

8. Maximum Number of Pages

Practice Note 16 does not impose a general numerical page limit on Court Books.

However, Annexure A, paragraph 12, requires the contents to be confined to specifically relevant documents.

Important: The absence of a numerical limit does not authorise inclusion of unnecessary documents.

The Court may impose further requirements through case-specific directions.

9. Medical and Expert Reports

Under Practice Note 16, Annexure A, paragraphs 3–5, parties must prepare a schedule identifying medical reports, expert reports and other documents they propose to tender.

The schedule must:

Identify the relevant reports and documents.
Include the dates of reports.
Include the dates on which reports were served.
Be served on the other parties at least 3 clear days before the hearing.

A schedule of objections to expert evidence must also be filed and served at least 3 clear days before the hearing.

Working copies of medical reports, the chronology and other proposed tender documents should be available for the trial Judge.

Reference: Practice Note 16, Annexure A, paragraphs 3–5.

10. Chronology of Relevant Events

Under Annexure A, paragraph 1, the plaintiff's solicitor must prepare a full chronology of relevant events.

The chronology must be served on the other parties at least 3 clear days before the hearing.

The plaintiff must read, or have the chronology read to them, before giving evidence.

The chronology should be tendered as part of the plaintiff's case.

Reference: Practice Note 16, Annexure A, paragraphs 1–2.

11. Schedules of Damages and Issues

Under Annexure A, paragraph 10, each party must prepare:

A schedule of damages.
A schedule of issues.

Both schedules must be served on the other parties at least 3 clear days before the hearing.

Copies must also be provided to the trial Judge.

Reference: Practice Note 16, Annexure A, paragraph 10.

12. Deadlines for Documentary Evidence

Practice Note 16 contains several requirements relating to service and preparation of documentary evidence.

Document or Requirement	Timing	Reference
Primary supporting documentation in applicable personal injury proceedings	With the Statement of Claim or as soon as practicable after service	Clause 7
Expert reports	At least 28 days before the status conference, subject to Court orders	Clauses 24 and 43
Documents obtained under subpoena and relied upon	Before the status conference	Clause 28
Chronology of relevant events	At least 3 clear days before hearing	Annexure A, para 1
Schedule of medical and expert reports	At least 3 clear days before hearing	Annexure A, para 3
Schedule of objections to expert evidence	At least 3 clear days before hearing	Annexure A, para 3
Schedules of damages and issues	At least 3 clear days before hearing	Annexure A, para 10

Important: These deadlines concern the specified documents and schedules. They are not a universal deadline for lodging a complete Court Book.

Parties must also comply with any applicable Court orders.

13. Electronic Evidence

Under Practice Note 16, Annexure A, paragraph 11, a party intending to present electronic evidence, such as CCTV footage or other electronic data files, must make arrangements to present that evidence using its own device.

Reference: Practice Note 16, Annexure A, paragraph 11.

14. Serving Documents vs Filing Documents

Serving documents on other parties and filing documents with the Court are different procedural actions.

Practice Note 16 distinguishes between documents that must be served, documents that must be filed and served, and working copies made available to the trial Judge.

Preparing a Court Book does not automatically satisfy every separate filing or service obligation.

Any applicable Court orders and procedural requirements must be followed.

15. Court Book Compliance Checklist

Requirement	Status	Reference
Court Book limited to specifically relevant documents	Mandatory if a Court Book is prepared	Annexure A, para 12
Avoid duplicate documents as far as possible	Mandatory if a Court Book is prepared	Annexure A, para 12
Chronology of relevant events	Required under standard hearing orders	Annexure A, paras 1–2
Schedule of medical and expert reports	Required under standard hearing orders	Annexure A, paras 3–4
Working copies available to trial Judge	Required under standard hearing orders	Annexure A, para 5
Schedules of damages and issues	Required under standard hearing orders	Annexure A, para 10
Document index	Recommended	No prescribed index format in PN16
Chronological document order	Optional organisational method	Not prescribed by PN16
Category-based document order	Optional organisational method	Not prescribed by PN16
Continuous pagination	Recommended	No specific format prescribed by PN16
PDF bookmarks	Optional enhancement	Not prescribed by PN16
Clickable index	Optional enhancement	Not prescribed by PN16
Fixed maximum page count	Not specified in PN16	Subject to other applicable directions

16. Official References

District Court Civil Practice Note 16
Civil Procedure Act 2005 (NSW), sections 56–57.
Uniform Civil Procedure Rules 2005 (NSW).