---
title: "Index Victorian serious-injury leave and the limitation extension"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-material-for-leave-to-start-motor-accident-proceedings/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MV20261023-14-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Index Victorian serious-injury leave and the limitation extension

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-material-for-leave-to-start-motor-accident-proceedings/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 | 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 | Victoria |
| Applies to | [Assemble the material for leave to start motor-accident proceedings](https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-material-for-leave-to-start-motor-accident-proceedings.md) |

## Checking plan

**Verify against sources**

If impairment is under 30 per cent and the Commission does not certify a serious injury, section 93(4)(d) allows a court to give leave. The time-limits page states a separate six-year period. The index does not merge them.

- What the AI does: 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 does: The lawyer makes the legal assessment, checks the source material and authorises 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. 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.

## Notes

- 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.

## Practical guide

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

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

**Inputs**

- The impairment determination and any refusal
- The injury date and the claimant's age
- Documents the lawyer has selected

**Example**: 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 escalate when**

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

Checked 2026-10-23.

## Sources

- [Transport Accident Act 1986 (Vic), section 93](https://classic.austlii.edu.au/au/legis/vic/consol_act/taa1986204/s93.html) (checked 2026-10-23)
- [Transport Accident Commission: Serious injury applications for common law](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/serious-injury-applications-for-common-law) (checked 2026-10-23)
- [Transport Accident Commission: Common law time limits](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/common-law-time-limits) (checked 2026-10-23)
- [Transport Accident Commission: Claims for common law damages](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/lump-sum-damages-common-law) (checked 2026-10-23)
- [County Court of Victoria: Use of artificial intelligence by court users, PNCCV 1-2026](https://www.countycourt.vic.gov.au/files/documents/2026-06/use-artificial-intelligence-court-users-practice-note.docx) (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.*