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

# Assemble the facts for a Victorian application to set aside an old settlement

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-facts-for-an-application-to-set-aside-an-earlier-settlement/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 | Red: Lawyer writes; AI may check, clarify or collect data |
| 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. |
| Written for | Victoria |
| Applies to | [Assemble the facts for an application to set aside an earlier settlement](https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-facts-for-an-application-to-set-aside-an-earlier-settlement.md) |

## Checking plan

**Lawyer writes what is filed**

The application is filed, so the lawyer writes it. The tool only extracts deed facts.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise the output for its intended use.
- 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. 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.
2. 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.
3. 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.
4. 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.
5. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Victoria. The court hearing the fresh action, with the Supreme Court's further power in s 27R(3).

**Deliverable**: A fact table from the earlier deed, for the lawyer who writes the application.

**Inputs**

- The deed and its date
- The amount paid
- Any judgment that gave effect to the settlement
- Whether the deed is a redress acceptance

**Example**: 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 escalate when**

- The tool is asked to write a paragraph of the application.
- The deed is a National Redress Scheme acceptance.

Checked 2026-10-23.

## Sources

- [Limitation of Actions Act 1958 (Vic) s 27OA](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](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](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](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](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27r.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic), version 113 in force from 2 October 2026](https://www.legislation.vic.gov.au/in-force/acts/limitation-actions-act-1958/113) (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.

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