Build a Victorian chronology where a stay is in prospect
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- 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. Every row needs a document. Do not say whether a stay should be granted.
- What the lawyer must review
- Decide whether a fair trial is still possible. Section 27R does not decide that.
- If the defendant is the State, read the Common Guiding Principles before assuming a stay will be sought.
- Do not treat those principles as binding. They are stated for child sexual abuse.
- Keep the file in the firm's system. ASCR r 9 and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria. The court hearing any stay application. The principles bind no one.
Produce. A source-tagged chronology of complaints, surviving records, lost records and unavailable witnesses.
Have ready. Complaint documents; Record-holding letters; Evidence of death or unavailability; Whether the defendant is the State.
Example of the limit. Illustrative example: A letter says the employment file was destroyed, and a certificate records a death. The tool dates both and cites the pages. It does not say the stay will fail because the limitation period was removed.
Stop and hand it back when
- A row has no document.
- The tool is asked to draft the response to the stay.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | 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. Every row needs a document. Do not say whether a stay should be granted. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 27R preserves the court's powers. The example in the section is delay with a burdensome effect so serious that a fair trial is not possible.
- The Common Guiding Principles say departments should not ordinarily rely on delay or the passing of time as a reason for a stay. Note 4 records that the stay power remains. The principles are not binding.
- The principles are stated for child sexual abuse claims connected with State institutions. They do not of themselves apply to a church or a private school, and note 4 is about the 2015 amendment on child sexual abuse.
- Do not write the affidavit or the submissions in answer to a stay.
Sources
- Limitation of Actions Act 1958 (Vic) s 27R · 2026-10-23
- Victorian Common Guiding Principles for child sexual abuse civil claims · 2026-10-23
- Supreme Court of Victoria news page on Practice Note SC Gen 25 · 2026-10-23
Do not treat the principles as widening s 27O. The principles speak of child sexual abuse. Section 27O also covers physical abuse.
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.