---
title: "Build the TAC protocol costs claim on a Victorian common law settlement"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/build-the-costs-claim-for-a-no-fault-or-statutory-benefits-dispute/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A42-CS20261023-5-VIC"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Build the TAC protocol costs claim on a Victorian common law settlement

> From the settlement date and the invoices the lawyer marks, list the protocol price point, any uplift the protocol allows, and the disbursements. Do not send the claim.

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/build-the-costs-claim-for-a-no-fault-or-statutory-benefits-dispute/victoria  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Costs, billing & litigation funding](https://ailawframework.com/obligations/costs-billing-and-litigation-funding.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the settlement date and the invoices the lawyer marks, list the protocol price point, any uplift the protocol allows, and the disbursements. Do not send the claim. |
| What the lawyer must review | Use the price point current at the date of final common law settlement. Attach the invoices. The TAC pays agreed costs within 14 days of the letter. If it did not resolve at conference and a writ issued, clause 19.7 applies instead. Do not invent a no-fault costs schedule. None was opened. |
| Written for | Victoria |
| Applies to | [Build the costs claim for a no-fault or statutory benefits dispute](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/build-the-costs-claim-for-a-no-fault-or-statutory-benefits-dispute.md) |

## Checking plan

**TAC protocol costs claim**

The tool lists the protocol items the lawyer marks. The lawyer sends the claim.

- What the AI does: From the settlement date and the invoices the lawyer marks, list the protocol price point, any uplift the protocol allows, and the disbursements. Do not send the claim.
- What the lawyer does: Decide which protocol items apply and approve the letter to the TAC.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Legal costs and disbursements are paid on final settlement of the common law claim, except court-approval matters in clauses 19.35 to 19.37.
2. The price point and counsel fees are those current at the date of final common law settlement. The dollar schedule itself was not opened.
3. The lawyer writes to the TAC with the invoices. The TAC pays the agreed costs within 14 days.
4. If the claim did not resolve at the common law conference and a writ was issued, clause 19.7 says costs are as agreed or as ordered on the court scale.

## Notes

- A no-fault dispute outside the protocol had no costs schedule in the pages opened. Do not treat that silence as a ban, and do not copy a statutory-benefits stage fee.
- Legal costs and disbursements not specifically regulated in chapter 19 are determined by the appropriate court scale. Prior approval is required before Senior Counsel is used for a serious injury conference or a common law conference. An actuarial or forensic accountant report may not be claimed as a disbursement unless the TAC has given prior approval and it is agreed as an appropriate expense.
- Keep medical details in the firm's system. Apply ASCR rule 9 and APP 11, and check whether a Privacy Act 1988 (Cth) breach is notifiable.

## Practical guide

Jurisdiction: Victoria. TAC Common Law Protocol 2026, chapter 19.

**Deliverable**: A protocol costs claim for the lawyer to send, limited to the items the lawyer has allowed.

**Inputs**

- Date of final common law settlement
- Invoices marked by the lawyer
- Whether a writ was issued
- Whether court approval is required

**Example**: Illustrative example: The claim did not resolve at the common law conference and a writ was issued. The draft uses only the conference price point. The lawyer applies clause 19.7. Costs are as agreed between the parties or as ordered by the Court on the appropriate court scale.

**Stop and escalate when**

- Court approval is required and clauses 19.35 to 19.37 have been ignored.
- A dollar price point is stated from a schedule that was not opened.

Checked 2026-10-23.

## Sources

- [TAC Common Law Protocol 2026, chapter 19](https://www.tac.vic.gov.au/providers/resources/tac-protocols-tabs/common-law-protocol) (checked 2026-10-23)
- [Victorian Legal Services Board and Commissioner, 'no win – no fee' cost agreements](https://lsbc.vic.gov.au/consumers/legal-costs-and-billing/no-win-no-fee-cost-agreements) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*