---
title: "Assemble the facts for an application to set aside an earlier settlement"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-facts-for-an-application-to-set-aside-an-earlier-settlement"
type: "task"
site: "AI Law Framework"
id: "A21-AB20261023-2"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Assemble the facts for an application to set aside an earlier settlement

> From the deed, the payment records and the dates the lawyer has marked, extract the date of the agreement, the amount paid, whether the file records that a limitation period had already expired, and whether the…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-facts-for-an-application-to-set-aside-an-earlier-settlement  
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 | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the deed, the payment records and the dates the lawyer has marked, extract the date of the agreement, the amount paid, whether the file records that a limitation period had already expired, and whether the institution is described as unincorporated. Write nothing that goes into an application, a submission or an affidavit. |
| What the lawyer must review | The lawyer writes the application. Decide whether the agreement is one the section can set aside. Check the date window, any redress release, and which court can set the judgment aside. Treat a fresh settlement made now as outside the historical windows in the sections opened. Keep the file in the firm's system. Confidentiality, APP 11 and a notifiable-breach check apply. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: From the deed, the payment records and the dates the lawyer has marked, extract the date of the agreement, the amount paid, whether the file records that a limitation period had already expired, and whether the institution is described as unincorporated. Write nothing that goes into an application, a submission or an affidavit.
- What the lawyer does: The lawyer writes the application. Decide whether the agreement is one the section can set aside. Check the date window, any redress release, and which court can set the judgment aside. A fresh settlement made now is outside the historical windows in the sections opened. Keep the file in the firm's system. Confidentiality, APP 11 and a notifiable-breach check apply.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer writes the application. The tool does not write any words that are filed.

## Checks the lawyer makes

1. Take the agreement date and the amount from the deed, not from the client's recollection.
2. Stop if the deed is a National Redress Scheme acceptance. Victoria's s 27QA(3) puts that acceptance, and a settlement taken into account in one, outside the set-aside section.
3. Record which court entered any earlier judgment. A court other than the Supreme Court cannot set aside another court's judgment under the Victorian and Queensland sections opened.
4. Do not put extracted sentences into the application. The lawyer writes every paragraph that will be filed.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
- Before any output is used in a court document, read the forum's generative AI rule: Victoria, Supreme Court Practice Note SC Gen 25; New South Wales, Practice Note SC Gen 23; Queensland, the courts' generative AI page and Supreme Court Practice Direction 5 of 2025.

## Sources

- [Limitation of Actions Act 1958 (Vic) s 27OA, definitions for the child-abuse division](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27oa.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) s 27QA, previously barred and previously settled causes of action](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27qa.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) s 27QD, application to set aside a previously settled cause of action](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27qd.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) s 27QE, court's powers on a previously settled cause of action](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27qe.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) s 27R, interaction with other powers of the court](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27r.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic), in force, version 113 effective 2 October 2026](https://www.legislation.vic.gov.au/in-force/acts/limitation-actions-act-1958/113) (checked 2026-10-23)
- [Limitation of Actions Act 1974 (Qld) s 48, transitional provision for previously barred and settled actions](https://classic.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/s48.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) s 7C, meaning of affected agreement](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s7c.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) s 7D, court may set aside an affected agreement](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s7d.html) (checked 2026-10-23)
- [National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth) s 43, effect of acceptance on civil liability](https://www.legislation.gov.au/C2018A00045/latest/text) (checked 2026-10-23)
- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) r 9.1, confidentiality, compiled to 1 July 2026](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2015-0244) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Checklist for setting aside an earlier settlement of a child-abuse claim](https://ailawframework.com/precedents/personal-injury-and-compensation/checklist-set-aside-child-abuse-settlement.md) | Checklist | Yellow | A lawyer's list of the statutory grounds for asking a court to set aside an earlier settlement of a child-abuse claim in Victoria, Queensland and New South Wales. It is an issues list, not evidence. |

Signed-in accounts can read the full text of each one.

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-facts-for-an-application-to-set-aside-an-earlier-settlement/new-south-wales.md) | Red |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-facts-for-an-application-to-set-aside-an-earlier-settlement/victoria.md) | Red |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-facts-for-an-application-to-set-aside-an-earlier-settlement/queensland.md) | Red |

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