Compare a Part 4A scheme position with a standalone safety-defect claim
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Set the approved scheme beside this person's figures, and list the Part VIB tests on a standalone Part 3-5 claim. Show any s 33ZDA percentage on its own line. Do not value either path or advise the person to leave.
- What the lawyer must review
- Write the comparison. Measure the scheme and a standalone claim on the same heads of loss.
- Put Part VIB on the Part 3-5 claim. Do not put s 28LE on that claim.
- If a s 33ZDA order exists, show the percentage separately. The Court may amend it during the proceeding.
- Do not draft an opt-out notice in this task.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Supreme Court of Victoria, Part 4A
Produce. The lawyer's comparison for one injured group member, with any group costs percentage shown separately.
Have ready. The approved scheme; This person's injury and wage figures; Any s 33ZDA order.
Example of the limit. Illustrative example: A group costs order takes a percentage of the recovery. The lawyer shows that percentage apart from the injury assessment, and does not compare it with a Federal Court funding model that is not on the file.
Stop and hand it back when
- The tool writes the advice.
- Section 28LE is applied to the Part 3-5 claim.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Set the approved scheme beside this person's figures, and list the Part VIB tests on a standalone Part 3-5 claim. Show any s 33ZDA percentage on its own line. Do not value either path or advise the person to leave. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Use the categories in the approved scheme.
- Keep s 87S and the indexed s 87M maximum on the standalone Part 3-5 side only.
- Do not invent a dollar cap.
- Settlement of the proceeding still needs s 33V approval.
Sources
- Supreme Court Act 1986 (Vic), s 33ZDA · 2026-10-23
- Competition and Consumer Act 2010 (Cth), s 87E and s 87S · 2026-10-23
If the work reaches the Supreme Court of Victoria, Practice Note SC GEN 25 requires the lawyer to verify output. Do not put health records into a public AI tool. One AI tool cannot verify another.
SC Gen 10 defines a group costs order as an order under s 33ZDA.