Diary section 27D, where the sections opened require no pre-court notice
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the incident date and the discoverability facts the lawyer has already marked. Do not prepare a pre-court notice and do not calculate the last day.
- What the lawyer must review
- The lawyer diarises the limitation facts. The tool does not calculate the last day.
- Do not use a Queensland notice. No pre-court notice was in the sections opened.
- Keep health and wage records in a firm-controlled tool, not a public one.
- ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth).
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria. An ordinary public liability injury, with section 27D to be diarised.
Produce. A date list from facts the lawyer has marked. No notice is prepared.
Have ready. Incident date the lawyer marks; Discoverability facts the lawyer marks; Any disability fact the lawyer marks.
Example of the limit. Illustrative example: The lawyer has marked an incident date and has not marked when the injury was known to be serious. The list leaves that row blank. It does not name a last day.
Stop and hand it back when
- The tool is asked to prepare a notice or to name the last day.
- Disability is in issue and the lawyer has not marked it. Do not decide that section 27E applies.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. List the incident date and the discoverability facts the lawyer has already marked. Do not prepare a pre-court notice and do not calculate the last day. 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
- Record the date of the act or omission and the discoverability facts the lawyer has marked.
- State section 27D as the first to expire of 3 years from when the cause of action is discoverable and 12 years from the act or omission alleged to have resulted in the death or personal injury.
- Note section 27D(2): section 27D does not apply where the person was under a disability at the date of the act or omission. Section 27E then applies: the first to expire of 6 years from the date the cause of action is discoverable by the plaintiff and 12 years from the act or omission. The definition of disability was not opened.
- Use section 27F for discoverability: death or injury occurred, it was caused by the fault of the defendant, and, for injury, it was sufficiently serious to justify bringing an action. "Ought to know" means the fact would have been ascertained had all reasonable steps been taken.
Sources
- Limitation of Actions Act 1958 (Vic) section 27D · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 27E · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 27F · 2026-10-23
- Supreme Court of Victoria Practice Note SC Gen 25 · 2026-10-23
A significant-injury step for non-economic loss was not opened and is not restated. Section 27F(4) says a Part III Wrongs Act cause of action is not discoverable before the date of death. Do not prepare a notice in a Queensland form.
If this is filed in the Supreme Court of Victoria, Practice Note SC Gen 25, issued on 14 May 2026, calls for particular caution with affidavit material and expert reports, and says confidential information should not go into a public AI tool.