Set out Road Management Act defences for a Victorian road claim
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the facts about the road, the hazard and any written report, build an issues table under sections 102, 105 and 107 of the Road Management Act 2004. Do not decide whether to sue.
- What the lawyer must review
- You decide whether the Road Management Act applies and whether to sue
- A written section 115 report is taken to be actual knowledge
- Section 107 is a different question from section 102
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: a damages claim about a road or roadside, before a decision to sue a road authority
Produce. An issues table. The lawyer writes any advice and decides whether to sue.
Have ready. What the hazard was and where it was; Any written report under section 115 and its date; Whether the place is a public road, another public highway, or a roadside.
Example of the limit. Illustrative example: The only knowledge on the file is a telephone call. The table records that section 102(3) treats a written section 115 report as actual knowledge, and that a call is not that report. The lawyer decides whether other actual knowledge can be proved. The table does not say the claim fails.
Stop and hand it back when
- The table says the authority is not liable or that proceedings should be issued.
- The place cannot be identified as a public road, a public highway or a roadside.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the facts about the road, the hazard and any written report, build an issues table under sections 102, 105 and 107 of the Road Management Act 2004. Do not decide whether to sue. 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
- Section 102: a road authority is not liable for a failure to remove a hazard, repair a defect or deterioration, or give warning, unless at the time of the failure it had actual knowledge of the particular risk. A written report of the deterioration under section 115 is taken to be that actual knowledge. Section 102 does not affect liability for breach of the section 40 duty to inspect a public road.
- Section 105(1): it is a defence that the road authority took such care as in all the circumstances was reasonably required to ensure that the relevant part of the public road was not dangerous for traffic. Section 105(3) says the defence is established if the authority proves it had a policy that addressed the cause and it complied. A note to the section says a road management plan under section 52 is one way to set that policy, and section 27 lets a Code of Practice be used as evidence of reasonableness.
- Section 105(2) is the same kind of defence for an infrastructure manager or a works manager, about non-road infrastructure. Section 105(4) says the defence does not prejudice any other defence or the law of contributory negligence.
- Section 107: a road authority does not have a statutory duty or a common law duty to perform road management functions for a public highway that is not a public road, or to maintain, inspect or repair the roadside of any public highway.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Notice to a road authority of an incident, asking for inspection and complaint records | Letter | AI use Yellow | A letter giving a Victorian road authority the particulars of a notice of incident, and asking a road authority in Victoria, Queensland or New South Wales for the inspection, complaint and repair records for the site. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Road Management Act 2004 (Vic) s 102, limitations on liability of a road authority · 2026-10-23
- Road Management Act 2004 (Vic) s 105, defence of reasonable care · 2026-10-23
- Road Management Act 2004 (Vic) s 107, liability of a road authority · 2026-10-23
- Road Management Act 2004, in force version 068 (effective 1 May 2026) · 2026-10-23
The Road Management Act 2004 is in force as version 068, effective 1 May 2026.
If these issues are put into a pleading or a submission, the lawyer writes that document and verifies it under Practice Note SC GEN 25 or the County Court practice note of 9 June 2026.