--- title: "Answer a Victorian common-law application that has been returned" url: "https://ailawframework.com/practice/personal-injury-and-compensation/answer-a-notice-that-a-work-injury-damages-claim-is-not-compliant/victoria" type: "task_jurisdiction_version" site: "AI Law Framework" id: "A21-WD20261023-10-VIC" practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)" tier: "yellow" lawyer_review: "required" jurisdictions: ["VIC"] last_reviewed: "2026-10-25" --- # Answer a Victorian common-law application that has been returned > In the firm-controlled tool, list each missing item the return or suspension notice identifies, and the documents section 328 and the WorkSafe page require. Do not rewrite the application. Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/answer-a-notice-that-a-work-injury-damages-claim-is-not-compliant/victoria Last reviewed: 2026-10-25 Site index for agents: https://ailawframework.com/llms.txt ## Key facts | Fact | Value | | --- | --- | | Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) | | Human involvement | Yellow: Lawyer and AI draft together | | How AI is used | In the firm-controlled tool, list each missing item the return or suspension notice identifies, and the documents section 328 and the WorkSafe page require. Do not rewrite the application. | | What the lawyer must review | Decide which missing items are real, and what is sent back. The lawyer writes any verification. The tool writes none of it. Answer only the items the notice identifies. Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply. | | Written for | Victoria | | Applies to | [Answer a notice that a work injury damages claim is not compliant](https://ailawframework.com/practice/personal-injury-and-compensation/answer-a-notice-that-a-work-injury-damages-claim-is-not-compliant.md) | ## Checking plan **Verify against sources** Match the notice to Ministerial Direction 19 and to the documents Form A requires. - What the AI does: In the firm-controlled tool, list each missing item the return or suspension notice identifies, and the documents section 328 and the WorkSafe page require. Do not rewrite the application. - What the lawyer does: The lawyer decides which defects are real and writes any verification in the application. - 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. Match the notice to Ministerial Direction 19 and to the documents Form A requires. 2. Check the signed medical authority, the medical reports, the three-year earnings documents and the statement of claim. 3. The lawyer writes any affidavit the application requires. Nothing is generated into it. 4. Read the court practice note before any affidavit is later filed. ## Notes - WorkSafe says an application that does not include the required documents is returned for amendment or suspended under Ministerial Direction 19. The Ministerial Directions on that page commenced on 1 November 2024. Form A is the application for common law damages. WorkSafe says it includes an affidavit describing how the injury happened and its effect, the medical reports, tax returns or proof of earnings for the 3 years before the injury to the date of the application, Form D as the medical authority, and a statement of claim. Section 328(4) requires the approved form, a signed authority for medical information, copies of all medical reports, and affidavits attesting to other material existing when the application is made on which the worker intends to rely. Section 328(5) says the authority cannot be revoked until the proceedings are determined or compromised, or the application is withdrawn. The affidavit is written by the lawyer. - If this work is filed, read Supreme Court of Victoria Practice Note SC GEN 25, issued and commencing on 14 May 2026. The County Court of Victoria has issued a practice note for court users on artificial intelligence. The news page opened does not state its number or its commencement date. - Keep health and wage records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth). ## Practical guide Jurisdiction: Victoria: a Form A common-law application returned or suspended under Ministerial Direction 19 **Deliverable**: A table of the missing Victorian application documents and what will be sent to remedy them. **Inputs** - Return or suspension notice - Form A as lodged - Medical reports and earnings documents **Example**: Illustrative example: The notice says the medical authority is missing. The tool lists Form D and does not draft the affidavit. The lawyer decides whether anything else was in fact omitted. **Stop and escalate when** - The notice is not on the file. - The tool has written a sentence of the affidavit. Checked 2026-10-23. ## Sources - [WorkSafe Victoria: Common law claim for damages](https://www.worksafe.vic.gov.au/common-law-claim-damages) (checked 2026-10-23) - [Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 328](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/wiraca2013484/s328.html) (checked 2026-10-23) - [Supreme Court of Victoria: Practice Note SC GEN 25](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (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.*