---
title: "Screen whether Victorian protocol costs are payable on a transport accident claim"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/screen-whether-legal-costs-are-recoverable-on-a-no-fault-or-statutory-be/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A42-CS20261023-11-VIC"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Screen whether Victorian protocol costs are payable on a transport accident claim

> From the path the lawyer names, say whether the opened protocol chapter deals with costs for that path. Do not state a dollar, and do not treat silence as a ban.

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/screen-whether-legal-costs-are-recoverable-on-a-no-fault-or-statutory-be/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 path the lawyer names, say whether the opened protocol chapter deals with costs for that path. Do not state a dollar, and do not treat silence as a ban. |
| What the lawyer must review | Chapter 19 is the common law protocol, not a no-fault schedule. Clause 19.7 applies if it did not resolve at conference and a writ issued. No no-fault costs bar was opened. Do not invent one. Do not copy a statutory-benefits list onto this claim. |
| Written for | Victoria |
| Applies to | [Screen whether legal costs are recoverable on a no-fault or statutory benefits claim](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/screen-whether-legal-costs-are-recoverable-on-a-no-fault-or-statutory-be.md) |

## Checking plan

**Victorian costs screen**

The tool says whether chapter 19 covers the path. The lawyer decides whether a costs claim can be made.

- What the AI does: From the path the lawyer names, say whether the opened protocol chapter deals with costs for that path. Do not state a dollar, and do not treat silence as a ban.
- What the lawyer does: Decide the path of the claim and whether costs are payable.
- 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. Chapter 19 pays legal costs on final settlement of a common law claim under the protocols, with the court-approval exception in clauses 19.35 to 19.37.
2. Clause 19.7 applies if the claim did not resolve at the conference and a writ was issued.
3. A no-fault dispute outside the protocol had no costs schedule in the pages opened.
4. The absence of a schedule is not stated as a prohibition.

## Notes

- Concurrent impairment or no-fault applications can change which price point is paid. Clauses 19.27 to 19.31 were opened only far enough to see that overlap exists. The lawyer reads those clauses before relying on a price point.
- 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.

**Deliverable**: A short note of whether chapter 19 covers the path the lawyer named.

**Inputs**

- Whether the claim is under the common law protocol
- Whether a writ was issued
- Whether court approval is required

**Example**: Illustrative example: A no-fault dispute has not entered the common law protocol. The draft says costs are prohibited. The lawyer corrects it: no schedule was opened, and silence is not a ban.

**Stop and escalate when**

- Silence is recorded as a prohibition.
- A statutory-benefits no-costs list is applied.

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.*