Assemble the facts for a Victorian application to set aside an old settlement
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the deed and the payment records the lawyer has marked, extract the date, the amount, and whether any judgment gave effect to the settlement. Write nothing that is filed.
- What the lawyer must review
- The lawyer writes the application. Decide whether the deed is inside a s 27OA window.
- Check s 27QA(3) before using this Division on a redress acceptance.
- Check which court entered any earlier judgment. Read s 27R(2) and (3).
- Keep the file in the firm's system. ASCR r 9 and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria. The court hearing the fresh action, with the Supreme Court's further power in s 27R(3).
Produce. A fact table from the earlier deed, for the lawyer who writes the application.
Have ready. The deed and its date; The amount paid; Any judgment that gave effect to the settlement; Whether the deed is a redress acceptance.
Example of the limit. Illustrative example: The deed is dated 2016 and a County Court order gave effect to it. The tool records the date, the amount and the court. The lawyer writes the application and decides which court can set the order aside.
Stop and hand it back when
- The tool is asked to write a paragraph of the application.
- The deed is a National Redress Scheme acceptance.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the deed and the payment records the lawyer has marked, extract the date, the amount, and whether any judgment gave effect to the settlement. Write nothing that is filed. 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
- A previously settled cause of action was settled and given effect before 1 July 2018, or during the period from 13 November 2024 to the commencement of the Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026.
- Do not treat 2 October 2026 as that commencement. Version 113 of the Limitation Act is in force from that date. The as-made page of the 2026 Act did not state the commencement.
- Section 27QE allows the order if it is just and reasonable, wholly or in part, and allows the old consideration and costs to be brought to account.
- A court may set aside its own judgment but not another court's, subject to s 27R(3): the Supreme Court may set aside another court's judgment or order other than one of the High Court.
- Stop if the deed is a National Redress Scheme acceptance or a settlement taken into account in one. Section 27QA(3) puts those outside this section.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Checklist for setting aside an earlier settlement of a child-abuse claim | Checklist | AI use 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. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Limitation of Actions Act 1958 (Vic) s 27OA · 2026-10-23
- Limitation of Actions Act 1958 (Vic) s 27QA · 2026-10-23
- Limitation of Actions Act 1958 (Vic) s 27QD · 2026-10-23
- Limitation of Actions Act 1958 (Vic) s 27QE · 2026-10-23
- Limitation of Actions Act 1958 (Vic) s 27R · 2026-10-23
- Limitation of Actions Act 1958 (Vic), version 113 in force from 2 October 2026 · 2026-10-23
A deed signed today is outside both windows in s 27OA. Do not promise a later set-aside under this Division.
If this is used in a Supreme Court document, the Court's news page on Practice Note SC Gen 25 says court users are responsible for the content whether or not they used AI.