Sparke Helmore MAD (Motor Accidents Division) - August special edition - Issue 158
03 August 2026
On 24 July 2026, the President of the Personal Injury Commission (Commission), Judge Gerard Phillips, released the 100th Edition of the PIC News. Relevant to the Motor Accidents Division is the new Procedural Direction PIC16 – Self‑Represented Litigants. PIC16 sets out expectations for parties who appear without lawyers in the Commission, including in the Motor Accidents Division.
PIC16 commenced on 14 July 2026 and applies to a self-represented litigant, defined as a person or party not represented by a lawyer. PIC16 reinforces the Commission’s statutory Guiding Principle to resolve real issues justly, quickly, and cost‑effectively consistent with the guiding principle set down in s 42 of the Personal Injury Commission Act 2020 (NSW) (PIC Act).
What PIC16 does in a nutshell
PIC16 explains the responsibilities of self‑represented litigants, emphasising preparation, evidence, and compliance with the PIC Rules 2021 and all Procedural Directions. Key expectations include:
- Respectful conduct and cooperation: Parties must behave courteously toward Members, staff, legal representatives, and other parties, and avoid aggressive or threatening conduct; persistent misconduct or non‑compliance risks dismissal under s 54 of the PIC Act.
- Thorough preparation: Parties should gather and organise relevant evidence, understand applicable law and Procedural Directions, and ask only for orders the Commission can make. Clear, concise explanations of the injury and its impact are encouraged.
- Deadlines and attendance: Parties must comply with directions and timeframes, lodge documents on time, and attend listings when notified; failure can jeopardise the case and risk dismissal.
- Digital filing and access needs: All applications are lodged via the Pathway Portal. Interpreters and disability access are available at no cost; early notice helps arrangements.
- Communications protocol: Self-represented litigants should contact the Commission where necessary and include all other parties on correspondence; arguments belong in hearings or directed filings, not in serial emails or Portal messages.
- Roles of Commission delegates: The Commission relies on specially appointed decision-makers, Members (independent, highly experienced decision-makers) and Medical Assessors to resolve disputes between parties. They evaluate evidence, such as medical records, statements, investigation reports, and submissions to make legally binding decisions.
Generative AI and online sources — strict requirements
PIC16 cross‑references the Commission’s AI rules at 33A and 33B, and Procedural Direction PIC13.
- Parties cannot use generative AI to draft, embellish, or produce witness statements; any breach may lead to the statement being given no weight.
- Parties must not rely on AI tools, social media, or pseudo‑law sources for legal advice without verifying accuracy; fabricated or irrelevant citations undermine the case and may lead to consequences, including dismissal of proceedings.
- Parties are warned of the generative nature of AI and the inaccurate results it can produce.
- Parties are referred to free databases like AustLII or NSW Caselaw to verify authorities.
Support from the Registry (not legal advice)
PIC16 sets out that registry staff can explain processes, hearings, and interpreter arrangements, and help with the Pathway Portal but cannot give legal advice or coach parties on case strategy, evidence, or submissions, and cannot facilitate direct contact with Members outside proceedings.
Interaction with other directions and the Act
PIC16 sits alongside PIC1 – Conduct of parties during proceedings and PIC13 – Use of Generative AI, and re‑affirms the binding effect of directions under the PIC Act s 21(4) and the Guiding Principle in s 42. The Commission’s remit includes motor accidents scheme matters.
What this means for you
It is critical that litigants, claims teams and personnel are informed of this Procedural Direction and refer self-represented litigants to the PIC16 to assist in their preparation of the matter before the Commission. It is likely to assist in advancing principles of procedural fairness, reinforce deadline discipline, attendance, and complete service to avoid procedural setbacks.
