---
title: "Build a missing-witness and missing-records chronology where a stay is in prospect"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/build-a-missing-witness-and-missing-records-chronology-where-a-stay-is-i"
type: "task"
site: "AI Law Framework"
id: "A21-AB20261023-6"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Build a missing-witness and missing-records chronology where a stay is in prospect

> From the documents the lawyer selects, build a dated table of complaints, records still held, records the file says are lost, and people the file says have died or cannot be found, with a document and a page for every…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/build-a-missing-witness-and-missing-records-chronology-where-a-stay-is-i  
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 | Yellow: Lawyer and AI draft together |
| How AI is used | From the documents the lawyer selects, build a dated table of complaints, records still held, records the file says are lost, and people the file says have died or cannot be found, with a document and a page for every row. Do not say whether a stay should be granted, and do not write a response to a stay application. |
| What the lawyer must review | Decide whether a fair trial is still possible. A removed limitation period does not decide that question. Treat a permanent stay as a last resort, as the High Court did, in the context of the New South Wales section. Read the State's own guideline before you assume the State will, or will not, seek a stay. Keep the file in the firm's system. Confidentiality, APP 11 and a notifiable-breach check apply. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to the linked sections and check for a definition or exception the output has missed.

- What the AI does: From the documents the lawyer selects, build a dated table of complaints, records still held, records the file says are lost, and people the file says have died or cannot be found, with a document and a page for every row. Do not say whether a stay should be granted, and do not write a response to a stay application.
- What the lawyer does: Decide whether a fair trial is still possible. A removed limitation period does not decide that question. The High Court treated a permanent stay as a last resort in the context of the New South Wales section. Read the State's own guideline before you assume the State will, or will not, seek a stay. Keep the file in the firm's system. Confidentiality, APP 11 and a notifiable-breach check apply.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Every unavailable witness and every lost record is tied to a document. A memory of the client, with no document, is marked as such and left out of the table.
2. Do not write that a stay will fail because the limitation period was removed. Each opened section keeps the stay power.
3. Where the defendant is the State, record the published guideline that was opened for that State, including whether it is binding.
4. Do not draft the affidavit or the submissions in answer to a stay. The lawyer writes anything that is filed.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
- Before any output is used in a court document, read the forum's generative AI rule: Victoria, Supreme Court Practice Note SC Gen 25; New South Wales, Practice Note SC Gen 23; Queensland, the courts' generative AI page and Supreme Court Practice Direction 5 of 2025.

## Sources

- [Limitation of Actions Act 1958 (Vic) s 27R, interaction with other powers of the court](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27r.html) (checked 2026-10-23)
- [Limitation of Actions Act 1974 (Qld) s 11A, no limitation period for actions for child abuse](https://classic.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/s11a.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW) s 6A, no limitation period for child abuse actions](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s6a.html) (checked 2026-10-23)
- [High Court of Australia, judgment summary, GLJ 2023 HCA 32 (1 November 2023)](https://www.hcourt.gov.au/assets/publications/judgment-summaries/2023/hca-32-2023-11-01.pdf) (checked 2026-10-23)
- [Victorian Government, Common Guiding Principles for child sexual abuse civil claims](https://www.justice.vic.gov.au/justice-system/laws-and-regulation/common-guiding-principles-child-sexual-abuse-civil-claims) (checked 2026-10-23)
- [Queensland Government, whole-of-government guidelines for civil litigation involving child abuse (November 2022 v1)](https://www.justice.qld.gov.au/about-us/services/general-counsel/legal-services-coordination-unit/legal-service-directions-and-guidelines/whole-of-government-guidelines-for-responding-to-civil-litigation-involving-child-abuse) (checked 2026-10-23)
- [NSW Government Guiding Principles for agencies responding to civil claims for child abuse](https://dcj.nsw.gov.au/documents/legal-and-justice/lsc/nsw-government-guiding-principles-for-government-agencies-responding-to-civil-claims-for-child-abuse.pdf) (checked 2026-10-23)
- [Office of the Australian Information Commissioner, APP 11, security of personal information](https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-guidelines/chapter-11-app-11-security-of-personal-information) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/build-a-missing-witness-and-missing-records-chronology-where-a-stay-is-i/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/build-a-missing-witness-and-missing-records-chronology-where-a-stay-is-i/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/build-a-missing-witness-and-missing-records-chronology-where-a-stay-is-i/queensland.md) | Yellow |

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