---
title: "Compare a Part 4A scheme position with a standalone safety-defect claim"
url: "https://ailawframework.com/practice/class-actions-representative-proceedings/compare-one-injured-person-s-scheme-position-with-a-standalone-claim/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A7-PR20261023-2-VIC"
practice_area: "Class Actions / Representative Proceedings"
tier: "red"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Compare a Part 4A scheme position with a standalone safety-defect claim

> 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.

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/compare-one-injured-person-s-scheme-position-with-a-standalone-claim/victoria  
Last reviewed: 2026-10-25

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Class Actions / Representative Proceedings](https://ailawframework.com/practice/class-actions-representative-proceedings.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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. |
| Written for | Victoria |
| Applies to | [Compare one injured person's scheme position with a standalone claim](https://ailawframework.com/practice/class-actions-representative-proceedings/compare-one-injured-person-s-scheme-position-with-a-standalone-claim.md) |

## Checking plan

**Lawyer-led judgement**

A Part 4A settlement can include a group costs order under s 33ZDA. That is a Supreme Court Act provision. It is not a reason to assume a Federal Court settlement uses the same percentage. The lawyer writes the comparison.

- What the AI does: 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 does: The lawyer writes the Part 4A comparison.
- 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. Use the categories in the approved scheme.
2. Keep s 87S and the indexed s 87M maximum on the standalone Part 3-5 side only.
3. Do not invent a dollar cap.
4. Settlement of the proceeding still needs s 33V approval.

## Notes

- 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.

## Practical guide

Jurisdiction: Supreme Court of Victoria, Part 4A

**Deliverable**: The lawyer's comparison for one injured group member, with any group costs percentage shown separately.

**Inputs**

- The approved scheme
- This person's injury and wage figures
- Any s 33ZDA order

**Example**: 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 escalate when**

- The tool writes the advice.
- Section 28LE is applied to the Part 3-5 claim.

Checked 2026-10-23.

## Sources

- [Supreme Court Act 1986 (Vic), s 33ZDA](https://classic.austlii.edu.au/au/legis/vic/consol_act/sca1986183/s33zda.html) (checked 2026-10-23)
- [Competition and Consumer Act 2010 (Cth), s 87E and s 87S](https://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s87s.html) (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.*