Index Victorian serious-injury leave and the limitation extension

MaintainedLast reviewed

Key facts

Human involvement
RedLawyer-led
How AI is used
Index the serious-injury permission and the limitation extension as separate rows, against the documents the lawyer has selected. Mark the gaps. Do not write the application.
What the lawyer must review
  • Keep the serious-injury permission and the limitation extension apart
  • The lawyer writes any application that is filed
  • Check section 93(4) before treating a refusal as the end
  • Health records stay in the firm tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable.
Written for / version
Victoria versionVICNSWQLD

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. Victoria. Leave under section 93(4) of the Transport Accident Act 1986, and the separate limitation question.

Produce. An index of the leave elements against the selected documents, with the serious-injury permission and the limitation extension in separate rows.

Have ready. The impairment determination and any refusal; The injury date and the claimant's age; Documents the lawyer has selected.

Example of the limit. Illustrative example: The impairment is under 30 per cent and the certificate was refused. One row lists the leave elements and the missing documents. A separate row lists the six-year question. The tool writes neither application.

Stop and hand it back when

  • The impairment determination or the refusal is not in the file.
  • The two questions have been combined into one row.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceSupporting preparation only. Index the serious-injury permission and the limitation extension as separate rows, against the documents the lawyer has selected. Mark the gaps. Do not write the application. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human.
LawyerPerform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use.

Checklist

  1. Section 93(4): if the determined impairment is less than 30 per cent, proceedings require a Commission certificate or leave of a court. Section 93(6) says the court must not give leave unless satisfied the injury is a serious injury. Section 93(5) requires service on the Commission and on each person against whom a cause of action is claimed.
  2. The serious-injury policy says the application for permission is to the County Court. Section 93(4)(d) says a court. The lawyer confirms the court. The tool does not write the application.
  3. The time-limits page states the Limitation of Actions Act 1958 as requiring an action within 6 years of the injury, or within 6 years of a minor turning 18. The text of that Act was not opened. The page says the Commission will usually treat a late action as invalid, may decide not to take the defence, and that a court can extend the period.
  4. The common-law damages policy says that, in some situations, a court that considers it just and reasonable can allow proceedings outside the 6 years. Keep that row separate from the serious-injury leave.

Sources

The page that states when the limitations defence is waived was not opened. Chapter 16 of the Common Law Protocol 2026 was not used as the source of that waiver.

If an application is filed in the County Court, practice note PNCCV 1-2026 applies. Its release history dates version 1.0 at 5 June 2026. If it is filed in the Supreme Court, Practice Note SC GEN 25 applies. The lawyer writes anything that is filed.

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