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NSW
★ New South Wales · head & brain

Head & brain settlements
in New South Wales.

By Reviewed by Abd Shanti, Founder9 min read

A six year old who fell from a three metre diving board platform onto concrete at the Corowa Swim Centre suffered a closed head injury and mild traumatic brain injury; the court assessed non-economic loss at 26% of a most extreme case, $61,000, and $165,000 in total. A teenager trapped for about an hour after a crash near Grafton, with a mild brain injury and PTSD, had a review panel’s certificate set aside.

Facts that decide a head & brain claim in New South Wales

Assessing brain injury lossDelaney’s non-economic loss was 26% of a most extreme case, which the court said equated to 8% of the maximum amount, $61,000.Delaney v Federation Council [2025] NSWDC 141
Motor accident thresholdFor motor accident claims, damages for non-economic loss need permanent impairment greater than 10%, assessed by medical assessors of the Personal Injury Commission.Motor Accidents Compensation Act 1999 (NSW) s 131, as described in NRMA v Kirkpinar [2025] NSWSC 162
Pools and operatorsThe council was liable to the injured child, and the pool operator, under the terms of its lease, was ordered to indemnify the council.Delaney v Federation Council [2025] NSWDC 141
★ NSW · reported head & brain outcomes

What New South Wales courts have awarded.

Real New South Wales decisions and verdicts, each linked to the court record or official report.

  • Delaney v Federation Council
    District Court of NSW · 2025
    $165,000

    When she was six, the plaintiff fell from a three metre high diving board platform at the Corowa Swim Centre onto the surrounding concrete. She claimed a closed head injury, a mild traumatic brain injury, and a mild neurocognitive disorder. The court gave judgment against the council, with the pool operator to indemnify it, and awarded $61,000 for non-economic loss and $165,000 in total.

  • Rose v Insurance Australia Ltd t/as NRMA Insurance
    Supreme Court of NSW · 2025
    Review panel certificate set aside

    In November 2017 Mr Rose, then a teenager, was in the back of a car that hit a tree near Grafton and was trapped for about an hour. He suffered neck, shoulder and ankle injuries, a mild traumatic brain injury and PTSD. His psychiatrist put his impairment at 17%; the insurer’s at 1%, below the 10% threshold. The court set aside the review panel’s certificate and sent it back.

★ NSW · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in New South Wales.

  1. 1

    Get neurocognitive testing after a head injury, even a mild one.

  2. 2

    Psychological impairment can deteriorate; ask for a fresh assessment if it does.

  3. 3

    For injuries at a public facility, find out who runs it as well as who owns it.

★ NSW · statute of limitations
3 years from discoverability

Limitation Act 1969 (NSW) s 50C

★ NSW · fault rule
Common-law contributory reduction

Contributory-negligence reduction under the Civil Liability Act 2002 (NSW). Above 100% claimant fault, recovery is barred.

★ NSW · caps

What caps recovery.

Statutory caps that may bear on a head & brain settlement in New South Wales.

★ head & brain · same region & fault regime

Compare to like jurisdictions.

How New South Wales's fault rule and limitation period compare to jurisdictions in the same Australia region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
New South Wales · you are hereCommon-law contributory reduction3 years from discoverability—
VictoriaCommon-law contributory reduction3 years from discoverability (subject to 12-year longstop)VIC · head & brain →
QueenslandCommon-law contributory reduction3 years from discoverabilityQLD · head & brain →
TasmaniaCommon-law contributory reduction3 years from discoverabilityTAS · head & brain
Australian Capital TerritoryCommon-law contributory reduction3 years from discoverabilityACT · head & brain
Western AustraliaCommon-law contributory reduction3 years from discoverability with 12-year longstopWA · head & brain →
South AustraliaCommon-law contributory reduction3 years from discoverabilitySA · head & brain
Northern TerritoryNo-fault statutory scheme3 yearsNT · head & brain
★ NSW · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-30.

★ all of NSW
New South Wales overview

Fault rule, statute, caps, and key facts for New South Wales as a whole.

★ national frame
Head & brain in Australia

Head & brain band structure and severity tiers at the Australia level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult a lawyer licensed in New South Wales. See /methodology, /sources, and /disclaimer.