Count Victorian limitation and scheme notice dates from the injury facts
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Count candidate dates from the injury facts against the Victorian provisions the lawyer identifies. Do not choose the controlling provision and do not write the advice.
- What the lawyer must review
- Choose the controlling provision. Part IIA does not cover every Victorian claim.
- Do not use the TAC policy's six-year figure in place of section 5(1AA).
- The tool counts candidate dates. The lawyer writes the advice.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: limitation for a personal-injury damages claim, a TAC Part 3 claim, and a WIRC damages proceeding
Produce. A table of candidate dates, each labelled with the provision the lawyer has identified, and no concluded advice.
Have ready. Injury date and when injury was known; Scheme: Wrongs Act, TAC, work, or dust; Date of birth if the person was under 18; Any impairment-claim lodgement date for section 349.
Example of the limit. Illustrative example: The facts are a transport accident and a later common-law claim. The tool counts one year under section 68 for the Part 3 claim, and three years from accrual under section 5(1AA) for damages, and it records the TAC page's six-year statement as a policy line that is not the section. The lawyer writes the advice.
Stop and hand it back when
- The output would choose the controlling provision or would be sent as advice.
- A six-year period is about to be used because the TAC policy states it.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- If Part IIA applies, section 27D is the earlier of 3 years from discoverability (section 27F) and 12 years from the act or omission. Section 27D does not apply if the person was under a disability at that date. Section 27E was not opened. Do not state a disability period.
- Section 27B(2) takes Part IIA away from damages under Accident Compensation Act 1985 Part IV, WIRC Act Part 7, Workers Compensation Act 1958 compensation, Transport Accident Act Parts 6 and 10, a dust-related condition as defined in the Administration and Probate Act 1958, and a tobacco injury. For those, do not apply section 27D.
- Section 5(1AA) says an action for damages for personal injuries must not be brought after 3 years from accrual, subject to section 5(1A). For a disease or disorder, section 5(1A) is 3 years from the date the person first knows they suffered the injuries and that they were caused by the act or omission of some person.
- Count section 68 separately: it is the Part 3 compensation claim, not the common-law proceeding. Count section 23AB separately for a dust-related condition, and section 349 for the periods disregarded on a WIRC damages proceeding.
- The TAC common-law time-limits policy says proceedings within 6 years of the injury, or 6 years from a minor turning 18, and that the TAC usually treats a late writ as invalid. Do not use that 6-year figure as the law.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Limitation and notice diary procedure | Policy | AI use Yellow | Firm procedure for recording limitation and pre-action notice dates on a plaintiff injury file. |
| Notice of accident claim, non-fatal injury (MAIC Form F1) | Form | AI use Yellow | Link to MAIC Form F1 V8 Oct 2022, the Notice of Accident Claim Form (Non-Fatal Injury). |
| Application for review (SAET form A02, Return to Work): completion guide | Form | AI use Yellow | Link to SAET form A02, Application for Review (Return to Work), on the start-a-new-case page. |
| Injury intake questionnaire | Form | AI use Yellow | Questions for the first contact with an injured person: who is enquiring, age and capacity, how the injury happened, which schemes might apply, treatment and work, and the documents to keep. |
| Letter to an occupier and its insurer: notice of an injury and a liability response | Letter | AI use Yellow | A plaintiff firm's letter telling an occupier and its public liability insurer about an injury, asking for the insurer's details and a liability response, and asking that footage and incident documents be kept. |
| Request to the Transport Accident Commission for a serious injury certificate | Letter | AI use Yellow | Letter asking the Transport Accident Commission to determine impairment and, if it is under 30 per cent, to issue a serious injury certificate for a common law damages claim. |
| New matter checklist | Checklist | AI use Yellow | Checklist for opening a plaintiff injury file: identity, conflicts, the diary, costs disclosure, authorities, and consent before health records go into a tool. |
| First-interview record | Memo | AI use Yellow | Internal note of the first interview: who attended, what was said about the injury, the schemes and deadlines discussed, the advice given in outline, and the next steps. |
| Notice of accident claim, fatal injury (MAIC Form F4) | Form | AI use Yellow | Link to the MAIC Notice of Accident Claim Form (Fatal Injury). |
| Limitation period checklist for a personal injury claim (Limitation Act 1969 (NSW) Part 2 Division 6) | Checklist | AI use Red | Checklist for working out the limitation period for a NSW personal injury or death claim: whether Division 6 applies, the 3-year discoverability and 12-year long-stop periods, discoverability facts, minors injured by close relatives, disability and extension. |
| 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. |
| Request that the Transport Accident Commission accept a late Part 3 claim | Letter | AI use Yellow | Letter asking the Transport Accident Commission to accept a Part 3 claim made after one year and before three years, setting out the grounds for the delay. |
| File review checklist | Checklist | AI use Yellow | Periodic review of a plaintiff injury file: the diary, a change in the costs estimate, outstanding notices, and whether health records are still only in an approved tool. |
| Queensland Notice of Accident Claim: time, service and a reply to noncompliance | Checklist | AI use Yellow | Checklist for a Queensland CTP Notice of Accident Claim, and a short reply when the insurer says the notice does not comply. |
| Letter asking that footage, photographs and physical evidence be preserved | Letter | AI use Yellow | A letter asking the person who holds footage or a physical item to stop it being overwritten, deleted or repaired, and to say whether it still exists. |
| Letter of claim to a public health service, including an initial notice | Letter | AI use Yellow | Letter of claim to a public health service. |
| Queensland part 1 notice of claim and reply to a compliance response | Letter | AI use Yellow | Letter and checklist for giving part 1 of a Queensland notice of claim under the Personal Injuries Proceedings Act 2002, and for answering a respondent who says part 1 does not comply. |
| Application for mediation (NT WorkSafe): completion guide | Form | AI use Yellow | Link to the NT WorkSafe application for mediation under the Return to Work Act 1986. |
| PIPA notice of claim, non-health care (Form 1, version 7) | Form | AI use Yellow | Link to Personal Injuries Proceedings Act Form 1, version 7, in force from 1 September 2025. |
| TAC common law time limit notification form: completion guide | Form | AI use Yellow | Guide to the TAC form used when a serious injury certificate application will be lodged outside the six-year period in the Limitation of Actions Act 1958, under the Common Law Protocol 2026. |
| Letter to an institution about a claim for abuse of a child | Letter | AI use Yellow | Letter telling an institution that a person intends to claim for abuse suffered as a child, covering the limitation position and the proper-defendant rules in Victoria, Queensland and New South Wales. |
| Queensland notice of claim for damages: assembly checklist | Checklist | AI use Yellow | Checklist for assembling a notice of claim for damages under section 275 of the Workers' Compensation and Rehabilitation Act 2003 (Qld) before a proceeding is started. |
| Checklist for setting aside an earlier settlement of a child-abuse claim | Checklist | AI use Yellow | A lawyer's list of the statutory grounds for asking a court to set aside an earlier settlement of a child-abuse claim in Victoria, Queensland and New South Wales. |
| PIPA notice of claim, health care (Form 2, version 7) | Form | AI use Yellow | Link to Personal Injuries Proceedings Act Form 2, version 7, for a health care claim. |
| Request that a NSW CTP insurer concede impairment greater than 10 per cent | Letter | AI use Yellow | Letter asking a New South Wales CTP insurer to concede that permanent impairment from a motor accident is greater than 10 per cent, and recording the section 6.14 time for a damages claim. |
| PIPA notice of claim, dependency (Form 3, version 6) | Form | AI use Yellow | Link to Personal Injuries Proceedings Act Form 3, version 6, for a dependency claim. |
| NSW work injury damages: claim letter and pre-filing checklist | Letter | AI use Yellow | Letter to a New South Wales workers compensation insurer claiming work injury damages, with a checklist for the section 315 pre-filing statement. |
| Request for an urgent hearing where the plaintiff is gravely ill | Letter | AI use Yellow | A letter asking for an urgent hearing where the plaintiff is gravely ill. |
| UCPR Form 3A: statement of claim where the filing party is legally represented | Form | AI use Red | Link to UCPR Form 3A version 7, the statement of claim for a represented plaintiff, including the prospects certificate, the 28-day notice and the affidavit verifying. |
| WorkCover Queensland application for compensation | Form | AI use Yellow | Link to the WorkSafe page for making a workers' compensation claim: a valid application needs the approved form and a work capacity certificate. |
| Letter advising an injured client of limitation and notice periods | Letter | AI use Yellow | Letter setting out the court limitation periods and the separate scheme notice periods in Victoria, Queensland and New South Wales, with the sections to delete if they do not apply. |
| Letter declining to act, with a warning that time limits may be running | Letter | AI use Yellow | Short letter saying the firm will not act, why in the terms the lawyer has approved, and which time limits may still be running on the facts given. |
| Notice of claim for damages (WorkCover Form 275) | Form | AI use Yellow | Link to Form 275, version 3, the approved notice of claim for damages under section 275. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Limitation of Actions Act 1958 (Vic) section 5 · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 27B · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 27D · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 27F · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 23AB · 2026-10-23
- Transport Accident Act 1986 (Vic) section 68 · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) section 349 · 2026-10-23
- TAC: Common law time limits · 2026-10-23
No Transport Accident Act section setting a common-law limitation different from section 5(1AA) was opened. Section 27K, the extension provision, was not opened. The TAC page says a court can extend. The lawyer reads the extension section before advising that one is available.
Section 23AB removes the limitation period for certain dust-related conditions of a worker or dependants, where the action is under Accident Compensation Act Part IV, WIRC Act Part 7, or Wrongs Act Part III or VB, and the injury is a dust-related condition as defined in Administration and Probate Act section 3(1). That definition was not opened. The lawyer decides whether it applies. Section 23AB applies despite sections 5 and 40(a) and (b).
Personal Injuries Proceedings Act 2002 (Qld) section 9 was opened for contrast. No Victorian equivalent of that pre-court notice was opened. Do not import the Queensland periods. The WorkSafe 30-day step is a written report to the employer. Section 20(8) is separate: weekly payments as soon as practicable after incapacity is known, certain death claims within 2 years of death, and a Division 7 of Part 5 claim within 6 months of the relevant service, with a special-excuse waiver in subsection (9).