---
title: "Check Victorian consequential mental harm and the limit on economic loss"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-consequential-mental-harm-claim-and-the-limit-on-economic-loss/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-FM20261023-10-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Check Victorian consequential mental harm and the limit on economic loss

> In a firm-controlled tool, row whether the mental harm is a consequence of an injury of another kind, using section 67. Leave section 75's economic-loss finding blank.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-a-consequential-mental-harm-claim-and-the-limit-on-economic-loss/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 | Yellow: Lawyer and AI draft together |
| How AI is used | In a firm-controlled tool, row whether the mental harm is a consequence of an injury of another kind, using section 67. Leave section 75's economic-loss finding blank. |
| What the lawyer must review | Decide whether the harm is consequential or pure. Apply section 74 as the damages test for consequential mental harm. Apply section 75 to economic loss for mental harm. Its opened words are not confined to consequential harm. |
| Written for | Victoria |
| Applies to | [Check a consequential mental harm claim and the limit on economic loss](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-consequential-mental-harm-claim-and-the-limit-on-economic-loss.md) |

## Checking plan

**Victorian consequential harm**

The tool classes the harm under section 67 and leaves section 74 and section 75 blank. Section 75 is not confined to consequential harm in the words opened.

- What the AI does: In a firm-controlled tool, row whether the mental harm is a consequence of an injury of another kind, using section 67. Leave section 75's economic-loss finding blank.
- What the lawyer does: Make the legal assessment, check the source material and authorise 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. Use the section 67 definitions, including mental harm as psychological or psychiatric injury.
2. Keep a claim about shock at harm to another person on the section 73 gateway.
3. Row section 74's normal-fortitude test and the known lesser-fortitude alternative.
4. Leave the recognised-psychiatric-illness finding blank.

## Notes

- Section 67 of the Wrongs Act 1958 defines mental harm as psychological or psychiatric injury, consequential mental harm as mental harm that is a consequence of an injury of any other kind, and pure mental harm as mental harm other than consequential mental harm. Section 74 says the plaintiff is not entitled to damages for consequential mental harm unless the defendant foresaw or ought to have foreseen that a person of normal fortitude might suffer a recognised psychiatric illness, or the defendant knew or ought to have known of the plaintiff's lesser fortitude and foresaw or ought to have foreseen that the plaintiff might suffer a recognised psychiatric illness. The circumstances include the injury out of which the mental harm arose. Section 75 says a court cannot award damages for economic loss for mental harm resulting from negligence unless the harm consists of a recognised psychiatric illness. Section 75 is not confined, in its opened words, to consequential mental harm.
- Family, wage and medical records stay in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: Victoria: Wrongs Act 1958 ss 67, 74 and 75

**Deliverable**: A table classing the harm, with economic loss left blank.

**Inputs**

- Account of the event selected by the lawyer
- Medical material selected by the lawyer
- The opened mental-harm section

**Example**: Illustrative example: The claimant was injured and later developed an illness, and also claims wage loss. The tool classes the harm under section 67 and leaves section 75 blank. The lawyer decides whether the illness is recognised.

**Stop and escalate when**

- Shock at another person's injury is classed as consequential.
- Economic loss is allowed or refused by the tool.

Checked 2026-10-23.

## Sources

- [Wrongs Act 1958 (Vic) s 74](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s74.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 75](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s75.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 67](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s67.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Psychiatrist's instructions on a recognised psychiatric illness](https://ailawframework.com/precedents/personal-injury-and-compensation/psychiatrist-recognised-psychiatric-illness.md) | Letter | Yellow | Letter asking a psychiatrist whether there is a recognised psychiatric illness for a mental harm claim, without asking the psychiatrist to apply the statutory tests. |

Signed-in accounts can read the full text of each one.

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